European constitutional “case law” as a possible concept of the European “legal state”

• Authors: Karel Klíma
• Languages of publication: EN

Abstracts

EN

The European Convention of Human Rights, together with the jurisprudence of the European Court of Human Rights creates a special and entire legal system, which is particularly aimed to cultivation of decisions of bodies of public power in issues of natural and legal persons, or of other power intervention. The current jurisprudence particularly of the European Court of Human Rights undoubtedly shifts the concept of the legal state into the position of quantitative intensity not only of human rights and freedoms protection, but also particularly cultivation of public administration and decision activity of courts. Jurisprudence of the European Court of Human Rights therefore sets not only on enforceability of the European law in member states, but also at requirements of organizational, intervention and decision legal level of activity of bodies of the public power. It is therefore possible to declare and confirm that the concept of the “European Legal State” is a specific European versions of constitutional protection of basic human values.

Keywords

EN

European Convention of Human Rights; European Court of Human Rights; jurisprudence; case law; legal state

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Institute of State and Law, Czech Academy of Sciences
• Journal: The Lawyer Quarterly
• Year: 2022
• Volume: 12
• Issue: 1
• Pages: 37-52
• Document type: ARTICLE

Contributors

author

Karel Klíma

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