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Overproduction of norms as a form of adaptation of the Czech legal order to the situation of crisis

Publication at Faculty of Law |
2020

Abstract

The paper contains the quantitative analysis of certain characteristics of the published legal regulations arising as a consequence of the Covid-19 epidemic. It is shown that the numbers of measures taken by the czech Government and the Ministry of Health are unprecedented in recent years.

These regulations have a short period of legal force without the appropriate vacatio legis. Almost half of the new laws contain keywords related to the pandemic.

The significant increase in the number of laws compared to 2018-2019 is shown. These laws also have a shorter vacatio legis compared to laws that don't contain these keywords.

The main hypothesis is, that the production of norms is a form of adaptation of law to its environment. This hypothesis is based on the system theory of law.

The author also points out that unnecessary and chaotic changes in regulations may lead to a reduction in the effectiveness of the law due to a decline of trust in the law.