The Interpretation and Application of Fundamental Rights in Civil Cases in the Czech Republic

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Authors

SEHNÁLEK David

Year of publication 2021
Type Article in Periodical
Magazine / Source Jogelméleti Szemle [Journal of Legal Theory]
MU Faculty or unit

Faculty of Law

Citation
Web Open access časopisu
Keywords Interpretation; Reasoning; Argumentation; Fundamental rights; Constitutional court
Description The aim of this article is to determine and shed light on the specific features of application and interpretation of fundamental rights in the field of civil law in the Czech Republic. The article follows a methodology developed by Prof. Z. Tóth to examine decisions made by constitutional courts in Central Europe and works with an analysis of 10 selected rulings of the Czech Constitutional Court (CCC). The article scrutinises these decisions one by one, according to the areas to which they materially belong. A quantitative analysis of the individual interpretation methods follows in the conclusion. The reason why I opted for this approach is that decisions in individual cases are relatively strongly influenced by two factors in terms of the methodology and values. The first is the specific panel of justices that is called on to hear a certain case and the second is the justice-rapporteur appointed to present it to this panel. What is important from the perspective of this article is not the actual solution to each given matter, but rather the process by which the CCC arrived at the solution. The article therefore focuses primarily on the methods of interpretation and the arguments used in each case, and on significance the CCC attributed to these methods and arguments in the reasoning of its decisions.

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