Publication details
Zakotvení veřejného ochránce práv v Ústavě ČR
| Title in English | Enshrinement of the Public Defendor of Rights in the Constitution of the Czech Republic |
|---|---|
| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | Public Defendor of Rights; ombudsman; constitution |
| Attached files | |
| Description | The paper is concerned with the enshrinement of the Public Defendor of Rights in the Constitution of the Czech Republic. First, the paper describes the Defendor is the part of the factual constitution due to his relations to other constitutional institutions and partly due to his activity in the protection of human rights. Then it analyses arguments why the Defendor should or should not be the part of the written constitution. The main arguments pro are that he is a part of the factual constitution, that it would increase his independency, that it would express respect for the Defendor and that the ombudsmen usually are in written constitutions. Then the paper deals with the arguments con, which are that the institution works very well even without the enshrinement (it is also not certain the enshrinement would really affect the institution) and that its authority should emerge mainly from non-legal facts and not from the enshrinement in the written constitution. |