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@inbook{727491,
author = {Kosař, David and Brems, Eva},
address = {Oxford},
booktitle = {Conflicts Between Fundamental Rights},
keywords = {Conflicts between Fundamental Rights; Czech Constitutional Court},
language = {eng},
location = {Oxford},
isbn = {978-90-5095-779-3},
pages = {345-376},
publisher = {Intersentia},
title = {Conflicts between Fundamental Rights in the Jurisprudence of the Czech Constitutional Court},
year = {2008}
}
TY - CHAP
ID - 727491
AU - Kosař, David - Brems, Eva
PY - 2008
TI - Conflicts between Fundamental Rights in the Jurisprudence of the Czech Constitutional Court
VL - Human Rights
PB - Intersentia
CY - Oxford
SN - 9789050957793
KW - Conflicts between Fundamental Rights
KW - Czech Constitutional Court
N2 - It is generally assumed that the Czech Constitutional Court is to a significant degree influenced by the jurisprudence of the German Federal Constitutional Court. At first sight, conflicts between fundamental rights do not seem to be an exception. Indeed, the Czech Constitutional Court borrowed a version of practical concordance and a three-step test of proportionality. However, this paper reveals that a weighing formula of the Czech Constitutional Court departs from the one applied by its German counterpart. Furthermore, the paper argues that different criteria apply in abstract and concrete judicial review on the one hand, and individual constitutional complaint procedure on the other. More specifically, it points to two major differences between the abovementioned types of procedure: (1) reversal order of the two components (i.e. balancing and a version of practical concordance) of the proportionality test in the strict sense; and (2) different content of the balancing component.
ER -
KOSAŘ, David. Conflicts between Fundamental Rights in the Jurisprudence of the Czech Constitutional Court. In BREMS, Eva. \textit{Conflicts Between Fundamental Rights}. Oxford: Intersentia, 2008, p.~345-376, 31 pp. Human Rights. ISBN~978-90-5095-779-3.
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