Legal Certainty – Protected Values and Partial Objectives: The Case of the Czech Republic

Legal certainty is an essential prerequisite for individuals’ autonomy, as lack of certainty prevents the planning of future activities and making rational decisions. As other key legal principles, it comprises an axiological quality which influences the interpretation of legal rules and the applic...

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Main Authors: Jana Janderová, Petra Hubálková
Format: Article
Language:English
Published: University of Ljubljana Press (Založba Univerze v Ljubljani) 2021-05-01
Series:Central European Public Administration Review
Subjects:
Online Access:https://journals.uni-lj.si/CEPAR/article/view/20594
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author Jana Janderová
Petra Hubálková
author_facet Jana Janderová
Petra Hubálková
author_sort Jana Janderová
collection DOAJ
description Legal certainty is an essential prerequisite for individuals’ autonomy, as lack of certainty prevents the planning of future activities and making rational decisions. As other key legal principles, it comprises an axiological quality which influences the interpretation of legal rules and the application of statutory laws. Thus, it should be adhered to by all branches of state power. Its objective is to promote several values that are all important for the protection of human rights: the rule of law, protection of legitimate expectations, general trust in law, prevention of arbitrary decision-making, inadmissibility of retroactivity. However, in some legal systems, the concept of legal certainty is slightly different. These differences also influence the extent and limits of legal certainty as it may not mean total rigidity and prevent necessary changes in statutory laws and decision-making. The reasonable balance is influenced by its axiological content. The article analyses the interpretation practice of the Czech Constitutional Court with the aim to determine the partial values inherent to the principle and categorise them according to their importance. Several partial objectives were determined by qualitative analysis. The quantitative analysis indicates that the key partial objectives include protection of the values comprising a general trust in the law, individuals’ legitimate expectations, and a certain degree of predictability of laws, administrative practice and courts’ decisions (uniformity, transparency, internal consistency and stability). Having identified these values, further research may be conducted as to how and to what extent expectations should be upheld.
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publisher University of Ljubljana Press (Založba Univerze v Ljubljani)
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spelling doaj-art-b2112dbf5db84303b264cc20210224cd2025-01-22T10:50:30ZengUniversity of Ljubljana Press (Založba Univerze v Ljubljani)Central European Public Administration Review2591-22402591-22592021-05-0119110.17573/cepar.2021.1.03Legal Certainty – Protected Values and Partial Objectives: The Case of the Czech RepublicJana Janderová0https://orcid.org/0000-0002-6425-673XPetra Hubálková1University of Pardubice, Faculty of Economics and Administration, The Czech RepublicUniversity of Pardubice, Faculty of Economics and Administration, The Czech Republic Legal certainty is an essential prerequisite for individuals’ autonomy, as lack of certainty prevents the planning of future activities and making rational decisions. As other key legal principles, it comprises an axiological quality which influences the interpretation of legal rules and the application of statutory laws. Thus, it should be adhered to by all branches of state power. Its objective is to promote several values that are all important for the protection of human rights: the rule of law, protection of legitimate expectations, general trust in law, prevention of arbitrary decision-making, inadmissibility of retroactivity. However, in some legal systems, the concept of legal certainty is slightly different. These differences also influence the extent and limits of legal certainty as it may not mean total rigidity and prevent necessary changes in statutory laws and decision-making. The reasonable balance is influenced by its axiological content. The article analyses the interpretation practice of the Czech Constitutional Court with the aim to determine the partial values inherent to the principle and categorise them according to their importance. Several partial objectives were determined by qualitative analysis. The quantitative analysis indicates that the key partial objectives include protection of the values comprising a general trust in the law, individuals’ legitimate expectations, and a certain degree of predictability of laws, administrative practice and courts’ decisions (uniformity, transparency, internal consistency and stability). Having identified these values, further research may be conducted as to how and to what extent expectations should be upheld. https://journals.uni-lj.si/CEPAR/article/view/20594good governance, legal certainty, legitimate expectations, misuse of power, public administration, rule of law
spellingShingle Jana Janderová
Petra Hubálková
Legal Certainty – Protected Values and Partial Objectives: The Case of the Czech Republic
Central European Public Administration Review
good governance, legal certainty, legitimate expectations, misuse of power, public administration, rule of law
title Legal Certainty – Protected Values and Partial Objectives: The Case of the Czech Republic
title_full Legal Certainty – Protected Values and Partial Objectives: The Case of the Czech Republic
title_fullStr Legal Certainty – Protected Values and Partial Objectives: The Case of the Czech Republic
title_full_unstemmed Legal Certainty – Protected Values and Partial Objectives: The Case of the Czech Republic
title_short Legal Certainty – Protected Values and Partial Objectives: The Case of the Czech Republic
title_sort legal certainty protected values and partial objectives the case of the czech republic
topic good governance, legal certainty, legitimate expectations, misuse of power, public administration, rule of law
url https://journals.uni-lj.si/CEPAR/article/view/20594
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AT petrahubalkova legalcertaintyprotectedvaluesandpartialobjectivesthecaseoftheczechrepublic