The Findings of the Constitutional Court Concerning the Legislative Emergency

Vol.19,No.3(2011)

Abstract
The Constitutional Court found that a breach of procedural rules by using the institute of legislative emergency was so severe that it disrupted the constitutional principles. Article demonstrates that the breach was not so serious. The table contains all the present laws passed in the regime of the legislative emergency of the Chamber of Deputies during the functioning of the new Rules of Procedure (1995) to the end of last electoral term.
Article proves, that the Chamber of Deputies used the written legal rule in such a way as it has developed by the long term parliamentary practice. Parliamentary autonomy is a value which is based on the development of British parliamentary system, which was transferred into the continental concept. While it is true that parliamentarism can be considered as an "open argumentative debate," it does not mean that every marginal shift of the autonomous procedural rules is a violation of the thesis.

Pages:
249–258
Author biography

Jindřiška Syllová

Faculty of Law, Charles University, Prague

odborná asistentka; ředitelka Parlamentního institutu
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