Publication details

Soudci by se měli častěji dívat do zrcadla aneb kdo hlídá hlídače

Title in English Judges Should Look Into the Mirror More Often - Who Watches the Watchmen


Year of publication 2021
Type Article in Periodical
Magazine / Source Časopis pro právní vědu a praxi
MU Faculty or unit

Faculty of Law

Web Open access časopisu
Keywords symposium; European Court of Human Rights
Description Judging is a demanding discipline, and judging in the high courts even more so. Indeed, judges and justices of the superior courts must respond to particular stories or fates of individuals, address the systemic problems that these fates often point to, and in doing so, respect and develop the legal order in which they move. With every decision they make, they also fight for the legitimacy of the law, the rule of law and individual courts, but also to make their country or Europe a slightly better place. At the same time, however, they must be careful not to let it all go to their heads and to be sufficiently self-critical and humble. For all these reasons, one of the important tasks of the legal academy is to hold up an adequate mirror to them. The courts are the gatekeepers of human rights and the limits to the exercise of public power - and so the question arises: Who watches the watchmen? One of the watchdogs is the aforementioned academic critics. For the general courts, the watchdog is their Court of Appeal or the Constitutional Court. However, it too has another watchdog, the European Court of Human Rights, which watches over its mistakes but also provides examples of good practice in how to rule. The lens of legal problem-solving that the ECtHR offers is also a great inspiration, that is, the telling of a particular human story and at the same time the comprehensible tools - tests and doctrines - that offer algorithms of intellectual procedures for assessing the state's behaviour in these stories. Translated with (free version)

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