Equality as a legal term in the selected constitutional jurisprudence of the Czech and Slovak republic Cover Image

Rovnosť ako právny termín vo vybranej ústavnej judikatúre Českej a Slovenskej republiky
Equality as a legal term in the selected constitutional jurisprudence of the Czech and Slovak republic

Author(s): Dušan Čurila
Subject(s): Constitutional Law
Published by: Masarykova univerzita nakladatelství
Keywords: fundamental legal concept;young constitutional court;Slovakia;constitutional norm;matter of equality;legal equality terminology;legal theory side;Czech constitutional court;typology of equality;

Summary/Abstract: Equality is a fundamental legal concept. Its content is not clear and it is often interpreted by the jurisprudence and case law of higher courts. In my article, I analyze the content of the equality jurisprudence of the young Constitutional Court of the Czech and Slovak Republic. Both independent states have the same version of constitutional norms in the matter of equality. Despite this fact, is the interpretation of legal equality terminology by both courts not the same. The reasons of this fact are mainly very different cases, which both courts decided for a short period of their existence. This contribution first analyzes equality by legal theory side. In the last two chapters I offer the most important judgments of the Slovak and Czech Constitutional Court. In the judgments of the Czech constitutional court I discuss especially typology of equality and in Slovak judgments mainly equality of the parties.

  • Issue Year: 20/2012
  • Issue No: 1
  • Page Range: 57-62
  • Page Count: 6
  • Language: Slovak
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