Vady zákonodárného procesu a zákonů v České republice, Německu a Rakousku – Zámečníková Marie (2018)

The monograph defines the main problems and flaws of the legislative process and the current state of laws, and identifies the causes of today's confusing and incomprehensible legal order in the three compared countries. The author poses the following fundamental questions: What laws should the legislator create? This chapter presents the individual formal requirements placed on the legal order. How should the legislator create such laws? Here, the individual obligations inferred for the legislator, particularly by the German Federal Constitutional Court, are described. How does the legislator create laws? This chapter introduces the various safeguards of the legislative process and describes the flaws that occur within the legislative process. What laws does the legislator actually create? This chapter addresses the problems of current legislation stemming mainly from the so-called flood of norms. In the conclusion of the monograph, the author answers the question of how the individual flaws of the legislative process relate to the individual flaws of the laws, namely the confusion and incomprehensibility of the legal order, and whether these flaws are specific to the Czech legal order or if Germany and Austria face the same challenges in this regard.