Publication at Faculty of Mathematics and Physics, Faculty of Law |
2012
Abstract
The article deals with various theories of the interpretation of conflicting fundamental rights. The most prominent one - the principle of proportionality - is compared to other theories which have been developed by jurisprudence and case-law of highest courts in Germany, the Czech Republic and the United States.
The author concludes with challenging the conception of universality of the proportionality principle in all legal orders and suggests its application as a neutral principle of constitutional law.