Acta Universitatis Carolinae. Iuridica (Dec 2021)

Rozhraní ústavního a správního práva

  • Richard Pomahač

DOI
https://doi.org/10.14712/23366478.2021.37
Journal volume & issue
Vol. 67, no. 4
pp. 45 – 59

Abstract

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Constitutional and administrative law are two related branches of law. But are the boundaries separating constitutional and administrative law truly clear? Many excellent experts in public law have already answered this question. However, as the legal system evolves, the answer to this question can be neither complete nor definitive. Nevertheless, it is possible to mark a number of bright and dark sides of the normative duality of constitutional and administrative law. Attention is focused on the constitutionalization of administrative law, but no less important is the deconstitutionalization of public administration in conditions of over-regulation connected with fragmentary and inconsistent legislation. However, it is not just a question of the integrity of the legal order. There are also a number of practical problems in the sphere of disputes resolution using dual argumentation.