Interpretation of Fundamental Rights in the Czech Republic
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| Year of publication | 2021 |
| Type | Chapter of a book |
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| Description | The chapter contains a brief introduction that delineates the constitutional court of the given country, including information on its position within the system of state institutions (role within the system of the separation of power, constitutional ‘mission’, and function), its structure, the basic rules of its operation, and its powers. This introductory chapter is followed by an analysis of the 30 constitutional court decisions. The aim is to determine the characteristics of the constitutional reasoning, and the practice of interpreting fundamental rights by the Czech constitutional court. Within the frames of the substantive decision analysis, the author delineates, as the main results of the research, the following: a) the methods of interpretation the constitutional court used in its decisions; b) the style of reasoning and decision-making of the constitutional court; c) the characteristics, which can be of interest to the scientific community, of the decision-making of the constitutional court or the relation with the decisions of the international court (CJEU and ECHR). Subsequently, the chapter contains an analysis of the 30 international court decisions. Both a statistical-quantitative analysis (delineating, in particular, the percentage of occurrences of the methods and arguments used by the constitutional court, ECJ, and ECtHR) and a qualitative-analytical analysis were deployed. The chapter is closed with a brief summary, including the most important conclusions, the comparison of the judicial practice, reasoning style, and applied key terms of the national constitutional court and the ECJ/ECtHR, as well as the explanations for the possible or probable reasons for the similarities and differences. |