Journal of the Charles University Law Faculty
Maxim Tomoszek
Essential Content of Fundamental Rights as a Part of Essential Requisites of Democratic Rule of Law
Jurisprudence 2/2015 Section: Treatise Page: 3-15
Keywords: essential content; fundamental rights, essential requisites of democratic rule of law, rule of law, democratic rule of law, proportionality, rationality
Abstract: The aim of the paper is to analyze the relation of Art. 9 para. 2 of the Czech Constitution and Art. 4 para. 4 of the Charter of Fundamental Rights and Freedoms, especially regarding the compatibility of the concept of essential content of fundamental rights with other elements of the Czech constitutional system, definition of the essential content of fundamental rights and its consequences for application of relevant provisions in practice. After dealing with critique of the concept of essential content of fundamental rights, the author analyses the case-law of the Czech Constitutional Court with the aim of identifying factors allowing for defining the essential content of fundamental rights in concrete situations.
