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Human rights behind bars. Constitutional legal aspects of restriction of personal freedom

Publication at Faculty of Law |
2021

Abstract

The protection of liberty as well as other human rights, is a traditional purpose and a normative imperative of all current constitutions, which are built upon the principles of constitutional democracy. The protection of liberty is thus a part of the traditional constitutionalist domain.

In this context, this book aims to map and evaluate the achieved status of constitutional protection of liberty in the Czech Republic, while taking into account the European context of human--rights-based protection of liberty. Although there is a myriad of restrictions of liberty in modern societies, criminal encroachments on a persons liberty still represent the gravest restrictions of liberty in their scope.

Furthermore, they represent an intense interference with the overall position of an individual by their context. For this reason, the core focus of this book lies in the area of constitutional limits of criminal interference with personal liberty.