{"title":"Changing Forms of Maximalism in the Decision-Making of the Czech Constitutional Court","authors":"Pavel Ondřejek","doi":"10.1163/15730352-bja10083","DOIUrl":null,"url":null,"abstract":"<p>The article analyses how wide and general conclusions are formulated in case law, using a sample of decisions of the Czech Constitutional Court from 1998 and 2018. The article shows tendencies towards institutionalisation of maximalist decision-making in the form of formulating general principles as starting points for decisions made in individual cases. Another important observation is connected with the changing form of maximalist judicial decisions, shifting from maximalism characterised by depth of the reasoning towards maximalism manifested in the width of impacts of an individual case, whereby the Czech Constitutional Court has been strengthening its position vis-à-vis other branches of government. In the conclusion of the article, it is emphasised that maximalism, in terms of separation of powers, rather represents an anti-systemic element in the laws of countries with civil-law legal system, such as the Czech Republic.</p>","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"33 1","pages":""},"PeriodicalIF":0.5000,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Review of Central and East European Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1163/15730352-bja10083","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
The article analyses how wide and general conclusions are formulated in case law, using a sample of decisions of the Czech Constitutional Court from 1998 and 2018. The article shows tendencies towards institutionalisation of maximalist decision-making in the form of formulating general principles as starting points for decisions made in individual cases. Another important observation is connected with the changing form of maximalist judicial decisions, shifting from maximalism characterised by depth of the reasoning towards maximalism manifested in the width of impacts of an individual case, whereby the Czech Constitutional Court has been strengthening its position vis-à-vis other branches of government. In the conclusion of the article, it is emphasised that maximalism, in terms of separation of powers, rather represents an anti-systemic element in the laws of countries with civil-law legal system, such as the Czech Republic.
期刊介绍：
Review of Central and East European Law critically examines issues of legal doctrine and practice in the CIS and CEE regions. An important aspect of this is, for example, the harmonization of legal principles and rules; another facet is the legal impact of the intertwining of domestic economies, on the one hand, with regional economies and the processes of international trade and investment on the other. The Review offers a forum for discussion of topical questions of public and private law. The Review encourages comparative research; it is hoped that, in this way, additional insights in legal developments can be communicated to those interested in questions, not only of law, but also of politics, economics, and of society of the CIS and CEE countries.
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