Abstract
The presented article focuses on the issue of the absence of any legislation regulating botanical gardens at the national level and the European level as well. The aim of the paper is to examine whether there is a need for such legislation.
Initially, the article provides a brief overview of the history of botanical gardens and characterizes the whole concept. It lists and explains the functions of botanical gardens in the past and in contemporary society.
The legislation concerning them in some aspects is described. Botanical gardens are then compared to zoological gardens and the plausibility of different regulation by law is discussed.
After that, a thorough analysis of the arguments for and against adoption of a new Czech Act on Botanical Gardens is provided. Finally, recommendations for a prospective new act are made and its main points are highlighted.
The urgency for the new Czech law regulating botanical gardens which might also inspire European legislation is declared at the conclusion.