Důvody pro zdrženlivý přezkum Ústavním soudem
Reasons for Deference by the Czech Constitutional Court

Summary/Abstract: There have been numerous reasons identified for deference given by courts to decisions of other bodies or lower courts. Some pertain to structural issues such as the doctrine of separation of powers, others relate to the nature of the subject matter.Based on a systematic empirical analysis of hundreds of decisions of the Czech Constitutional Court, the paper lists the factors that result in deferential review by the Czech Constitutional Court. The main reason for deference in the practice of the Czech Constitutional Court is the complexity of the assessed problem, including its polycentricity, and the objective gaps in knowledge. The former manifests itself mainly in the review of matters of national economy. The latter has been vividly demonstrated during the recent COVID-19 pandemic. The paper analyses the reasons for deference given by the Czech Constitutional Court and argues that complexity of the problem and objective gaps in knowledge are sound reasons for deference. On the other hand, increased need for non-legal expertise or the doctrine of separation of powers are not in themselves able to explain when the Constitutional Court should be deferential.

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