Civil law

Civil law

Law-making

Law-making



Unilateral

Unilateral



Governing

Governing



Conventional

Conventional

act of public authorities (state and self

act of public authorities (state and self

governement authorities) that are

governement authorities) that are

competent

competent

to establish the law, resulting in a binding

to establish the law, resulting in a binding

legal text and introducing the new rule

legal text and introducing the new rule

Law making in the

Law making in the

history

history



Custom law

Custom law



Statutory law

Statutory law



19th century

19th century



Introduction of legal positivism

Introduction of legal positivism



Introduction of constitutions

Introduction of constitutions

Spreading of statutory

Spreading of statutory

law

law



Colonization

Colonization



Voluntry reception

Voluntry reception

Law-making as a process

Law-making as a process



Establishment by a collective body

Establishment by a collective body

(legislative body)

(legislative body)



Revised by some other body

Revised by some other body

Or

Or



Establishment by a single person

Establishment by a single person



Announced to the nationals

Announced to the nationals

(subjects)

(subjects)

Law-making act as a

Law-making act as a

product

product

In the statutory law system, the law making

In the statutory law system, the law making

instrument (the source of law) is a text

instrument (the source of law) is a text

issued by a public authority having a specific

issued by a public authority having a specific

name (eg. Parliament, minister) expressed

name (eg. Parliament, minister) expressed

in the form of appriopriately structured legal

in the form of appriopriately structured legal

regulations – the effect of law-making

regulations – the effect of law-making

process.

process.

Law is generally and

Law is generally and

abstractively formulated

abstractively formulated



Addressees defined in general

Addressees defined in general

manner (eg. Student, a person, a

manner (eg. Student, a person, a

driver)

driver)



Obligatory method of conduct are

Obligatory method of conduct are

defined in abstract (general) manner

defined in abstract (general) manner

(eg. Whoever commited a burglary

(eg. Whoever commited a burglary

shall be subject to a penality of

shall be subject to a penality of

imprisonment between one year and

imprisonment between one year and

ten years)

ten years)



In statutory law the legislator develops

In statutory law the legislator develops

universal (general and abstract)

universal (general and abstract)

regulations, whereas the authorities that

regulations, whereas the authorities that

apply the law or settle disputes in

apply the law or settle disputes in

individual cases.

individual cases.



Based on general norms, after identifying

Based on general norms, after identifying

the actual status of particular case, the

the actual status of particular case, the

authorities make specific and individual

authorities make specific and individual

decisions. They define specific duties of

decisions. They define specific duties of

the individually specified addressee in

the individually specified addressee in

precisely defined circumstances

precisely defined circumstances

Structure of law-making

Structure of law-making

instruments

instruments



The constitutions, the laws and

The constitutions, the laws and

ratified international agreements

ratified international agreements



Regulations, orders, decisions are

Regulations, orders, decisions are

defined on the basis of the

defined on the basis of the

abovementioned instruments

abovementioned instruments

Multitude of entities that

Multitude of entities that

have competence of

have competence of

establishing the law

establishing the law



Central level

Central level



Local level

Local level



Local administrative authority

Local administrative authority



Self governement

Self governement

The structure of law-making depends also

The structure of law-making depends also

on the territoril structure of state

on the territoril structure of state



Unitary

Unitary



Federal

Federal

A concept of state of law

A concept of state of law

and public authorities

and public authorities



Public authorities (legislative,

Public authorities (legislative,

executive, judicial, and control

executive, judicial, and control

authorities) are organised in

authorities) are organised in

accordance with the law

accordance with the law



Competences of public authorities

Competences of public authorities

are clearly regulated

are clearly regulated



The authorities do not exceed the

The authorities do not exceed the

limits of their ctivities

limits of their ctivities

A concept of state of law

A concept of state of law

and methods of governance

and methods of governance



Methods of governance are

Methods of governance are

consistent with law

consistent with law



The abuse of authority is illegal and

The abuse of authority is illegal and

punished

punished



Illegal acts are eliminated (citizens

Illegal acts are eliminated (citizens

and their organizatins have

and their organizatins have

measutres allowing for controlling

measutres allowing for controlling

and protecting their interests)

and protecting their interests)

A concept of state of law –

A concept of state of law –

basic principles

basic principles



Equality before the law

Equality before the law



Equality in the law

Equality in the law



Preservation of basic rights and freedoms

Preservation of basic rights and freedoms

of individuals:

of individuals:



Foundation of social system

Foundation of social system



Freedom of speach

Freedom of speach



Freedom of association

Freedom of association



Foundation of economic system

Foundation of economic system



Freedom of ownership

Freedom of ownership



Law is clear and open

Law is clear and open



Law is announced in appriopriate time

Law is announced in appriopriate time

State of law and civil

State of law and civil

rights

rights



Civil rights are being protected by the

Civil rights are being protected by the

independent courts

independent courts



Civil rights are being protected by the

Civil rights are being protected by the

ombudsman

ombudsman



Acquired rights are protected

Acquired rights are protected



Everybody can obtain information

Everybody can obtain information

about the state of law and the policy

about the state of law and the policy

and the state of its application from

and the state of its application from

official institutions

official institutions

State of law and political

State of law and political

system

system



The majority of citizens have the

The majority of citizens have the

right to democratically select the

right to democratically select the

type of political system with the

type of political system with the

guaranted rights of existance of

guaranted rights of existance of

legal and organised opposition and

legal and organised opposition and

peacefull replacement of

peacefull replacement of

governmental terms

governmental terms

State of law, rule of law and

State of law, rule of law and

international agreements

international agreements



International law in the democratic

International law in the democratic

systems based on the rule of law is

systems based on the rule of law is

considered to be an integral part of

considered to be an integral part of

domestic legal orders. Respecting and

domestic legal orders. Respecting and

applying international agreements

applying international agreements

within the state is considered to be

within the state is considered to be

the foundation of maintaining the

the foundation of maintaining the

principles of common security and

principles of common security and

the protection of human rights

the protection of human rights

The law in non democratic

The law in non democratic

systems

systems



Authoritarian political systems

Authoritarian political systems



Totalitarian political systems

Totalitarian political systems

Authoritatian systems

Authoritatian systems



„

„

optimum reality” flowing from an

optimum reality” flowing from an

authoritarian centre excludes any open

authoritarian centre excludes any open

social opposition

social opposition



There is no equality before and in the law

There is no equality before and in the law



Basic rights and freedoms and human

Basic rights and freedoms and human

dignity are not protected

dignity are not protected



There are no independent courts

There are no independent courts



Citizens do not have a

Citizens do not have a

de facto

de facto

right to

right to

democratically choose the type of

democratically choose the type of

political system

political system

Political dimension of

Political dimension of

authoritarian states

authoritarian states



The law do not answer to authentic

The law do not answer to authentic

social problems because of the

social problems because of the

blockade on the free articulation of

blockade on the free articulation of

interests

interests



Political system do not reflect the

Political system do not reflect the

societies preferences, but is a result

societies preferences, but is a result

of a the structure of power

of a the structure of power

A totalitarian political

A totalitarian political

system

system



Extreme form of an authoritarian system

Extreme form of an authoritarian system



States machine is subject only to

States machine is subject only to

political control not any form of social or

political control not any form of social or

legal control

legal control



Politics control every aspect of human

Politics control every aspect of human

lives

lives



Nationalised societies are deprived of

Nationalised societies are deprived of

legal subjectivity – they are objects of

legal subjectivity – they are objects of

law

law

Non-democratic political

Non-democratic political

systems and international

systems and international

law

law



State borders are closed

State borders are closed



International law is not considered

International law is not considered

as an element of internal law as the

as an element of internal law as the

centres of non-democratic power do

centres of non-democratic power do

not agree on the international

not agree on the international

control over their actions

control over their actions



Domestic law is inconsistent with

Domestic law is inconsistent with

international law

international law

Hierarchy of legal acts

Hierarchy of legal acts



The higher the position of an authority in the

The higher the position of an authority in the

hierarchy of public authorities, the greater is

hierarchy of public authorities, the greater is

the legal force of the instruments established by

the legal force of the instruments established by

this authority

this authority



The law-making instruments with lesser legal

The law-making instruments with lesser legal

force should not be inconsistent with an

force should not be inconsistent with an

instrument of greater legal force

instrument of greater legal force



The law making instrument of higher legal force

The law making instrument of higher legal force

may repeal an instrument with lesser legal force

may repeal an instrument with lesser legal force



The law making instrument of higher legal force

The law making instrument of higher legal force

prejudices the direction of norms of lower legal

prejudices the direction of norms of lower legal

force

force

Constitution

Constitution



Constitution has the highest rnk in

Constitution has the highest rnk in

the hierarchy of law-making

the hierarchy of law-making

instruments in statutory legal systems

instruments in statutory legal systems



Constitution is issued by the

Constitution is issued by the

parliament or specially selected

parliament or specially selected

authority (constituent assembley)

authority (constituent assembley)



Constitution is issued in special

Constitution is issued in special

procedure

procedure

Aims of the constitutions

Aims of the constitutions



Regulate grounds for political, social

Regulate grounds for political, social

and economic order in the state

and economic order in the state



It grants power to the public

It grants power to the public

authorities to act and limits their

authorities to act and limits their

acting powers

acting powers



Special authorities are sometimes

Special authorities are sometimes

selected to control the compliance of

selected to control the compliance of

norm-setting with the constitution

norm-setting with the constitution

Kinds of the

Kinds of the

constitutions

constitutions



Rigid Constitutions

Rigid Constitutions



Flexible Constitutions

Flexible Constitutions

law

law



One level lower than the constitution

One level lower than the constitution



Wording of a low must remain within

Wording of a low must remain within

the limits of the constitution

the limits of the constitution



Should be consistent with axiology

Should be consistent with axiology

and principles of the constitution

and principles of the constitution



Laws should comply also with the

Laws should comply also with the

norms of ratified (with approval of

norms of ratified (with approval of

parliament) international agreements.

parliament) international agreements.

Statutory matters

Statutory matters



There always are some categories of

There always are some categories of

matters that can be governed

matters that can be governed

exclusively by the laws not by the

exclusively by the laws not by the

sub-laws acts

sub-laws acts



Acts imposing duties on individuals

Acts imposing duties on individuals

and communities, limitations of

and communities, limitations of

freedoms and rights of the

freedoms and rights of the

communities and individuals

communities and individuals

Sub-laws

Sub-laws



Norm set in sub-laws should be

Norm set in sub-laws should be

consistent with the norms in laws

consistent with the norms in laws



Sub-laws may always be amended by

Sub-laws may always be amended by

the laws

the laws

Executive acts

Executive acts



Law-making instruments established

Law-making instruments established

by the executive authorities

by the executive authorities



Executive acts are based on explicit

Executive acts are based on explicit

laws authorisation for the purpose of

laws authorisation for the purpose of

implementing the law

implementing the law

code

code

Law that has the objective of

Law that has the objective of

comprehensive, relatively

comprehensive, relatively

exhaustive, interally consistently

exhaustive, interally consistently

regulate an extensive area of social

regulate an extensive area of social

life

life

Delegated legislation

Delegated legislation



Possibility to establish instruments under

Possibility to establish instruments under

different names, having the legal force of

different names, having the legal force of

law (regulations with the force of law)

law (regulations with the force of law)



Can be delegated eg. to the president

Can be delegated eg. to the president



Usually used in special situation (eg.

Usually used in special situation (eg.

martial law)

martial law)



Usually limited by the constitution

Usually limited by the constitution



Sometimes subsequent approval by the

Sometimes subsequent approval by the

parliament is needed

parliament is needed

Legal provision

Legal provision



Legal provision is a sentence in

Legal provision is a sentence in

gammatical sense which is clearly

gammatical sense which is clearly

highlighted in legal text and usually

highlighted in legal text and usually

marked as an article or paragraph

marked as an article or paragraph



Usually legal norm is formed on the

Usually legal norm is formed on the

basis of several provisions

basis of several provisions

Legal norm

Legal norm



Statement containing the directive

Statement containing the directive

of public authority ordering its

of public authority ordering its

addresses to behave under specific

addresses to behave under specific

circumstances in a way that is

circumstances in a way that is

specified in it

specified in it



Addressee

Addressee



Circumstances

Circumstances



Conduct

Conduct



Legislator establishes the law in a

Legislator establishes the law in a

form of legal provisions. He assumes

form of legal provisions. He assumes

that the legal doctrine and legal

that the legal doctrine and legal

practice will restore the legal norms

practice will restore the legal norms

based on these regulations in

based on these regulations in

accordance with his will.

accordance with his will.



Legal norms will be restored from

Legal norms will be restored from

legal provisions on the basis of

legal provisions on the basis of

interpretation and legal inference

interpretation and legal inference

Multilingual nature of

Multilingual nature of

international and EU legal

international and EU legal

provisions

provisions

Announcing the law

Announcing the law

Authentic texts – law-making

Authentic texts – law-making

instruments officially announced in

instruments officially announced in

the traditional manner (eg. In

the traditional manner (eg. In

respective public journals) are

respective public journals) are

considered authentic texts

considered authentic texts

Authentic text is considered original

Authentic text is considered original

and realiable, final and binding

and realiable, final and binding

Legal databases

Legal databases

Derogation

Derogation

Derogation means repealing the whole

Derogation means repealing the whole

instrument or individual provision by

instrument or individual provision by

the new law-making instrument

the new law-making instrument

amendmens

amendmens



Amendments derogate some part of

Amendments derogate some part of

the text and puts in this place a new

the text and puts in this place a new

legal rule (rules)

legal rule (rules)



Consolidated tex is a text of a law (or

Consolidated tex is a text of a law (or

other law-making instrument that

other law-making instrument that

has in it’s text all amendments

has in it’s text all amendments

included

included