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

SEHNÁLEK, David. The Interpretation and Application of Fundamental Rights in Civil Cases in the Czech Republic. Jogelméleti Szemle [Journal of Legal Theory]. 2021, vol. 2021, No 4, p. 142-151. ISSN 1588-080X.

Basic information

• Original name: The Interpretation and Application of Fundamental Rights in Civil Cases in the Czech Republic
• Authors: SEHNÁLEK, David (203 Czech Republic, guarantor, belonging to the institution).
• Edition: Jogelméleti Szemle [Journal of Legal Theory], 2021, 1588-080X.

Other information

• Original language: English
• Type of outcome: Article in a journal
• Field of Study: 50501 Law
• Country of publisher: Hungary
• Confidentiality degree: is not subject to a state or trade secret
• WWW: Open access časopisu
• RIV identification code: RIV/00216224:14220/21:00123084
• Organization unit: Faculty of Law
• Keywords in English: Interpretation; Reasoning; Argumentation; Fundamental rights; Constitutional court
• Tags: rivok
• Tags: International impact, Reviewed

Abstract

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.