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Proportionality Means Proportionality : Czech Constitutional Court, 2 February 2021, Pl. ÚS 44/17

Publikace na Právnická fakulta |
2021

Tento text není v aktuálním jazyce dostupný. Zobrazuje se verze "en".Abstrakt

The article critically analyses the Czech Constitutional Court's decision Pl. ÚS 44/17 which quashed several provisions of the Parliamentary Election Act as unconstitutional because the cumulative integrative effects of the provisions on the electoral system excessively distorted the proportionality principle required by the Constitution of the Czech Republic. The article argues that the decision is not well explained, often inconsistent, contradictory, and generally based on deficient preliminary considerations, especially the unexplained 'bad-faith' of the legislature, the blurring of the requirements for proportionality and equality and the argument that the social diversity can only be reflected by the proportionality between political parties achieved at the national level.

The article also focuses on the character and proportionality of the newly adopted electoral system.