Publication at Faculty of Mathematics and Physics, Faculty of Law |
2014
Abstract
The thesis includes analysis of some decisions of Constitutional Court, in which the Constitutional Court decided contra legem. The different conception of contra legem judiciary in disputes of private and public law is emphasized.
The author drafts some assumptions under which the contra legem decisions could be acceptable and confonts them with concrete decisions of Constitutional Court in disputes of private and public law. The author is critical especially towards actual relatively a lot of decisions contra legem in disputes of private law contrary to not sufficient amount of contra legem decision regarding public disputes.
Her opinion is that in the context of promoted conditions, the real state should be exactly the opposite.