Proportionality in the Constitutional Law of the Czech Republic - Doctrinal Research and Judicial Development
Abstract
Proportionality principle in the Czech constitutional law has been formed in the judicial decision-making practice developed and critically commented by legal doctrine. The practice of the Czech Constitutional Court has reflected the theoretical problems of proportionality, in particular the need for a variable intensity of judicial review with regard to the requirement of the discretion of the law-maker.
A trend of convergence of theoretical and practical approaches to proportionality can be traced already in the work of the pioneer of the evolution of this principle in Czech constitutional law, Professor Pavel Holländer. The paper also suggests what problems currently arise with the application of the proportionality principle and how they can be addressed by legal doctrine.
In particular, the paper focuses on the application of the proportionality principle in the situation of the rise of populism and on the need for a specific application of the proportionality test to measures taken in states of emergency, such as during the COVID-19 pandemic.