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Does too much equality do any damage?

Publication at Faculty of Law |
2013

Abstract

Prohibition of unequal treatment belongs to the basic rules of every modern legal system. That prohibition could be normatively expressed as a demand for equal treatment and it is usually understood as a claim that law should set for all subjects the same amount of rights and duties.

This article tries to reveal if there is any ground for rules regulating different cases differently in the Czech constitutional law, and to point out the boundaries of such norms. Authors try to explore the topic of equality from theoretical perspective as well as from the view of a recent case brought to the Czech Constitutional Court by the group of senators who aims for suspending a legal norm which enact an obligation for distributors of gasoline to make a refundable deposit of 20.000.000,- Kč.