Veřejná správa mezi judicializací a deferencí
| Title in English | Public Administration Between Judicialization And Deference |
|---|---|
| Authors | |
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | Právník : teoretický časopis pro otázky státu a práva |
| MU Faculty or unit | |
| Citation | |
| Web | Open access článku |
| Keywords | judicial review; jurisdiction deference; judicialization |
| Description | The aim of this article is to explore the research niche of deeper critical reflection on the limits of the exercise of powers by administrative courts by providing a new perspective on issues related to this subject. In the first part, the article draws inspiration from P. Lindseth and his comparative framework of judicial review. The article uses this to demonstrate that Czech jurisprudence has so far mostly left aside questions of the extent or intensity of the exercise of judicial review. In the next section, the article follows this up by explaining and defending the concept of judicialization as regards public administration. This discussion relates to the understanding of administrative court’s jurisdiction as mandate for judicialization. In the following section, the article discusses the notion of deference, which is understood as a kind of antithesis to judicialization. The article explains the history of the concept and describes how and when are Czech administrative courts deferential and on what basis. The article concludes by summarizing the findings and outlining further research possibilities. |
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