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The "dialogue of judges" and the mutual influence of constitutional concepts in Europe: How the interpretation of national fundamental rights is influenced by the fundamental rights of the ECHR and the EC general principles as well as by a horizontal exchange of ideas of national constitutional Courts? Examples from the Czech Republic
Authors | |
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Year of publication | 2009 |
Type | Article in Proceedings |
Conference | Comparing Constitutional Adjudication - A Summer School on Comparative Interpretation of European Constitutional Jurisprudence |
MU Faculty or unit | |
Citation | |
Web | http://www.jus.unitn.it/cocoa/papers/PAPERS%204TH%20PDF/Judges%20Czech%20Kokes.pdf |
Field | Law sciences |
Keywords | ECHR; The Czech Constitutional Court; dialogue of courts and judges; ratio decidendi; case law |
Description | The examples observed above should have illustrated the general tendency in the case-law of the Czech Constitutional Court to reflect and to use the Strasbourg Courts Case-law as ratio decidendi of its own decisions. So in purpose of the topic - the dialogue between judges I could claim that the Czech Constitutional Courts Case-law is in particular cases strongly influenced by the Strasbourg Courts case-law. |