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The Czech Constitutional Court and Non- Justiciability: The Emergence of the Political Question Doctrine?
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SYSNO ASEP 0604360 Document Type J - Journal Article R&D Document Type Journal Article Subsidiary J Článek ve WOS Title The Czech Constitutional Court and Non- Justiciability: The Emergence of the Political Question Doctrine? Author(s) Malíř, Jan (USP-I) ORCID Source Title European Public Law - ISSN 1354-3725
Roč. 30, č. 4 (2024), s. 413-440Number of pages 28 s. Publication form Print - P Language eng - English Country NL - Netherlands Keywords Czech Republic ; Constitutional Court ; judicial review ; judicial self-restraint ; political question doctrine ; non-justiciability ; justification ; separation of powers ; deference ; lack of judicially discoverable and manageable standards Subject RIV AG - Legal Sciences OECD category Law Method of publishing Open access Institutional support USP-I - RVO:68378122 UT WOS 001377515600004 DOI https://doi.org/10.54648/euro2024016 Annotation The Czech Constitutional Court (CC) is frequently described as a strong and, occasionally, an activist constitutional court. However, a varied range of cases has arisen in which the CC has carried only a limited judicial review or has declined to exercise any judicial review at all. This has been due to the fact that the CC has taken the view those cases are related to political questions which are normally justiciable to only a limited extent or non-justiciable at all. In light of these cases and, also, their justification, related especially to the separation of powers, a lack of judicially discoverable and manageable standards or the necessity of deference to the political branches, there are strong grounds to argue that a sort of political question doctrine has emerged in the case-law of the CC. Although a recourse to such a doctrine may appear unusual in the context of the Central and Eastern European (CEE) region, it is believed the doctrine can have an added value in that it can shield the CC from excessive politicization and permit the CC to tailor the extent in which it interferes with both macro- or micro-politics. Workplace Institute of State and Law Contact Iveta Bůžková, iveta.buzkova@ilaw.cas.cz, Tel.: 221 990 714 Year of Publishing 2025 Electronic address https://kluwerlawonline.com/api/Product/CitationPDFURL?file=Journals\EURO\EURO2024016.pdf
Number of the records: 1