Unreasonable Cancellation of Constitutional Act No. 195/2009 Coll. for Retroactive Law
Vol.17,No.4(2009)
Abstract
Pages:
323–327
This article called „Unreasonableness of Derogation of Constitutional Act No. 195/2009 Coll. for Retroactivity“ deals with the Constitutional Act No. 195/2009 Coll., on Shortening the Fifth Term of Office of the Chamber of Deputies and the Constitutional Court’s judgment from 10 September 2009 which derogated this Constitutional Act.
I come to the conclusion that the Constitutional Act is not genuinely retroactive as it seemed to the Constitutional court but retroactive in disingenuous way. However, each and every law which is retroactive in disingenuous way to be considered admissible must not breach a vested right unreasonably. I hold the view that the Constitutional Act represents reasonable and constitutionally admissible interference with Miloš Melčák’s vested right to undisturbed performance of his function of a Deputy.
I come to the conclusion that the Constitutional Act is not genuinely retroactive as it seemed to the Constitutional court but retroactive in disingenuous way. However, each and every law which is retroactive in disingenuous way to be considered admissible must not breach a vested right unreasonably. I hold the view that the Constitutional Act represents reasonable and constitutionally admissible interference with Miloš Melčák’s vested right to undisturbed performance of his function of a Deputy.
323–327
Author biography
Petr Vojíř
Department of Legal Theory, Faculty of Law, Masaryk University, Brno
doktorand
Copyright © 2017 Petr Vojíř