Abstract
The judicial review of byelaws performed by Constitutional Court of the Czech Republic has undergone several major shifts in recent ten years. This paper attempts to show that these adjustments are not limited to frequently mentioned alteration in legal concept of byelaws.
In contrast, I focus on partial modifications involved in the methodology of the review itself. My paper is based on the proposition that extension of the power to issue by-laws originates in the constitutional right to home rule, however, its implementation cannot justify the breach of individual fundamental right.
Consequently, I argue that this expansion should be accompanied by a variation of so-called four steps review, consisting in classic proportionality test used in constitutional review instead of the unreasonableness test currently performed by the Court. This modification would enable a justifiable expansion of power to issue byelaws while at the same time ensuring protection of individual fundamental rights.