Publication details
Test proporcionality v právní vědě a praxi služebního poměru
| Title in English | Proportionality in the Legal Science and in Practice of Service Relationship |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Article in Proceedings |
| Conference | Naděje právní vědy 2021 - Právní věda v praxi |
| MU Faculty or unit | |
| Citation | |
| Web | web konference |
| Keywords | Principle of proportionality; Public Defender of Rights; Trade Unions in Army; Service Relationship; National Security. |
| Attached files | |
| Description | There are several methods of application of the law; the principle of proportionality is only one of them. The principle (or “testing of proportionality”) arose in the case law of national constitutional courts, especially at the Federal Constitutional Court in Germany. Nevertheless, the principle of proportionality was thereafter adopted by legal science, and therefore more commented on and researched. In conclusion, the principle is a reliable approach nowadays and helps in dealing with cases of conflicting fundamental rights and/or public interests. The Public Defender of Rights, who has already gained some experience in exercising the principle, should consider his usage in solving the case of trade unions in the army, whose ongoing prohibition has become a matter of dispute for a long. |