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LEGISLATIVE FAUX PAS (Zakonodarne preslapy)

100%
Vozar J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2008
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vol. 91
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issue 6
475-489
EN
The article points out to selected problems of the legislative work in Slovakia from the view of its constitutionality. It repeatedly calls attention to the problem of adoption of laws the content of which is identical with the content of those laws that have been declared anti-constitutional by the Constitutional Court of SR. It refers to the solution of similar problem in Austria. The author also analyses some of the laws that he believes to be beyond the limit of constitutionality. He also points out to the international law consequences of such adopted laws and to the threat of suits for the protection of investments.
2

LEGAL CERTAINTY AND FORESEEABILITY OF COURT DECISIONS (Pravna istota a predvidatelnost sudnych rozhodnuti)

100%
Opett L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2008
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vol. 91
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issue 4
317-326
EN
From the established judicial practice of the Constitutional Court of the Slovak Republic it follows that legitimate expectations of the parties to legal relations include the requirement for foreseeability of court decisions. A foreseeable court decision is partly a decision rendered in accordance with law, partly a decision made in accordance with previous valid court decisions. In the opinion of the Constitutional Court of the Slovak Republic an unreasonably different court decision in a similar case is constitutionally untenable and may constitute the reason for the cancellation of such decision. The obligation of the court to take into account the previous valid decisions in a similar case and to properly copy with them before the adoption of the legal opinion is not elaborated on and the rules of its observance will have to be specified for the purposes of judicial application of the law.
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