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  • Legal certainty - protected values and partial objectives : the case of the Czech Republic
    Janderová, Jana ; Hubálková, Petra
    Legal certainty is an essential prerequisite for individuals' autonomy, as lack of certainty prevents the planning of future activities and making rational decisions. As other key legal principles, ... it comprises an axiological quality which influences the interpretation of legal rules and the application of statutory laws. Thus, it should be adhered to by all branches of state power. Its objective is to promote several values that are all important for the protection of human rights: the rule of law, protection of legitimate expectations, general trust in law, prevention of arbitrary decision-making, inadmissibility of retroactivity. However, in some legal systems, the concept of legal certainty is slightly different. These differences also influence the extent and limits of legal certainty as it may not mean total rigidity and prevent necessary changes in statutory laws and decision-making. The reasonable balance is influenced by its axiological content. The article analyses the interpretation practice of the Czech Constitutional Court with the aim to determine the partial values inherent to the principle and categorise them according to their importance. Several partial objectives were determined by qualitative analysis. The quantitative analysis indicates that the key partial objectives include protection of the values comprising a general trust in the law, individuals' legitimate expectations, and a certain degree of predictability of laws, administrative practice and courts' decisions (uniformity, transparency, internal consistency and stability). Having identified these values, further research may be conducted as to how and to what extent expectations should be upheld.
    Vir: Central European public administration review = Srednjeevropska revija za javno upravo. - ISSN 2591-2240 (Vol. 19, no. 1, May 2021, str. 63-82, 284)
    Vrsta gradiva - članek, sestavni del
    Leto - 2021
    Jezik - angleški
    COBISS.SI-ID - 67566083

    Povezava(-e):

    http://cepar.fu.uni-lj.si/index.php/CEPAR/article/view/495
    Digitalna knjižnica Slovenije - dLib.si
    Repozitorij Univerze v Ljubljani – RUL
    DOI

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