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The Discursive Faces of Judicial Activism

Publication at Faculty of Law |
2018

Abstract

The paper deals with the Czech Constitutional Court Case overruling the Supreme Court with respect to the recognition of a US ruling, affirming that same sex husbands are parents of a child. My paper claims that the human rights discourse of the Constitutional Court ruling is intended as a preventive defensive measure of the Court, since the matter itself is a fairly technical application of the international private law.