Lidská práva v praxi obecných soudů – Kratochvíl Jan (2020)

The book focuses on the use of fundamental rights in the decision-making practice of general courts, primarily first and second instance courts. In the first part, the author discusses the ways in which general courts apply fundamental rights. Readers will find answers to numerous questions that arise during the application of fundamental rights in judicial decision-making, such as when it is appropriate to apply fundamental rights directly, when they may only operate indirectly through constitutionally compliant interpretation of laws, or when it is necessary to suspend proceedings and submit the matter to the Constitutional Court. The interpretation does not overlook the issue of international treaties, which are an important legal source in the area of fundamental rights. This part of the book will be particularly beneficial for judicial practice. The second part of the book presents the results of an empirical analysis of hundreds of decisions from district, regional, and high courts. The author examines how these courts actually use fundamental rights and what impact this has on the decisions of the Constitutional Court. Factors influencing the use of human rights by general courts are also analyzed. The author is both a practitioner (a judge at the Municipal Court in Prague) and a theorist (a research assistant at the Department of Constitutional Law of the Faculty of Law at Palacký University), therefore in the book...