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The constitutional court as a negative legislator: Restriction of constitutionally guaranteed rights for the purposes of environmental protection
Knobová, Michaela ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
The Constitutional Court as a negative legislator: Restriction of constitutionally guaranteed rights for the purposes of environmental protection Abstract This thesis examines how the Czech Constitutional Court deals with proposals to repeal laws or statutory provisions that restrict constitutional rights or other constitutional provisions concerning environmental protection. Specifically, it examines how the Court deals with conflicts between constitutional rights concerning environmental protection and other constitutional laws pertaining to the environment and/or the public interest in protecting the environment. In addition to the analysis of the decision-making practice of the Constitutional Court, the thesis deals with the anchoring of environmental protection in constitutional documents and in the Czech Constitution - both in the preambls of the Constitution and the Charter, where the environmental protection is embodied in individual rights and the state's duty to protect the environment, including those provisions where environmental or nature protection is explicitly enshrined as a possible grounds for restriction of another constitutional right. The thesis briefly describes the role of the Constitutional Court as a negative legislator, ie its power to repeal laws or individual statutory...
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Theoretical bases for the limitation of fundamental rights and freedoms in the Czech Republic
Madej, Martin ; Tryzna, Jan (referee)
Theoretical bases for the limitation
of fundamental rights and freedoms in the Czech Republic
In the Czech Republic, the conception of fundamental rights and the conditions for their limitations are the result of a specific interpretation of the Charter of Fundamental Rights and Freedoms by the Constitutional Court, which in turn reflects its own views on constitutional theory. Despite being presented almost dogmatically, the confrontation with foreign literature suggests that the so-called external theory of the Constitutional Court finds strong opponent in the so-called internal theory. Internal theory sheds doubts on such hallmarks of the Court's doctrine like the wide conception of fundamental rights, the principle of proportionality or the very existence of conflicts of constitutional values. In this thesis, it is argued that although the internal theory cannot substitute for the external theory at the moment, it represents an opportunity for the Constitutional Court to reassess its current position in order for it to better depict the aims of the constitution-maker, to respect the policies of the legislator and - above all - to take fundamental rights seriously. In particular, it is claimed that the optimal model of the limitation of fundamental rights dully distinguishes between definition and...
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Ochrana přírody a veřejný zájem
Müllerová, Hana
In the decision-making procedures, the interest in the protection of nature often collides with other interests and values. Declaring certain value to be in a public interest strengthens the position of that value and justifies its priority over other interests. This contribution focuses firstly on the concept of the public interest and the ways how collisions of competing interests are solved in general. Then it analyses the Czech legislation on natural protection and its provisions on the public interest.
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Theoretical bases for the limitation of fundamental rights and freedoms in the Czech Republic
Madej, Martin ; Ondřejek, Pavel (advisor) ; Wintr, Jan (referee)
Theoretical bases for the limitation
of fundamental rights and freedoms in the Czech Republic
In the Czech Republic, the conception of fundamental rights and the conditions for their limitations are the result of a specific interpretation of the Charter of Fundamental Rights and Freedoms by the Constitutional Court, which in turn reflects its own views on constitutional theory. Despite being presented almost dogmatically, the confrontation with foreign literature suggests that the so-called external theory of the Constitutional Court finds strong opponent in the so-called internal theory. Internal theory sheds doubts on such hallmarks of the Court's doctrine like the wide conception of fundamental rights, the principle of proportionality or the very existence of conflicts of constitutional values. In this thesis, it is argued that although the internal theory cannot substitute for the external theory at the moment, it represents an opportunity for the Constitutional Court to reassess its current position in order for it to better depict the aims of the constitution-maker, to respect the policies of the legislator and - above all - to take fundamental rights seriously. In particular, it is claimed that the optimal model of the limitation of fundamental rights dully distinguishes between definition and...
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Nature Protection and the Public Interest
Müllerová, Hana
In the decision-making procedures, the interest in the protection of nature often collides with other interests and values. Declaring certain value to be in a public interest strengthens the position of that value and justifies its priority over other interests. This contribution focuses firstly on the concept of the public interest and the ways how collisions of competing interests are solved in general. Then it analyses the Czech legislation on natural protection and its provisions on the public interest.
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