Lidská práva za mřížemi - Ústavněprávní aspekty omezování osobní svobody – Hofmannová Helena (2021)

The idea of personal freedom was a central moment in formulating the modern relationship between the individual and the state, as it was precisely in connection with it that the demand for the exclusion of arbitrariness in interfering with a person's physical autonomy through imprisonment was expressed, along with the demand for a just balance between personal freedom and public interest. The political development of modern history and the detours on the path to enforcing the protection of human rights, however, show that it was precisely personal freedom of the individual that was the cardinal point of attack on the human rights of individuals and groups. For this reason, the protection of personal freedom has always been and remains a central part of the traditional constitutionalist domain, which is the protection of individual human rights. In this context, the book guides the reader through the achieved state of development of constitutional principles that are decisive for assessing the constitutionality of interventions into personal freedom, primarily in the context of criminal law. It does so against the backdrop of the constitutionalization of statutory law as a process that leads to strengthening the role of constitutional principles and their interpretation and application in the field of criminal law. Although the protection of personal freedom in the Czech Republic has reached a relatively high standard shared with democratic legal states in Europe, the book...