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@article{8230, author = {Čechák, Petr and Mates, Pavel and Šmíd, Jan}, article_location = {Nizozemsko}, article_number = {XI}, keywords = {rule of law; human rights; the judiciary}, language = {eng}, issn = {2157-2976}, journal = {Czech yearbook of international law}, title = {Human Rights and the Courts}, url = {https://www.lexlata.pro/wp-content/uploads/2020/09/CYIL-2020-Abstracts.pdf}, volume = {2020}, year = {2020} }
TY - JOUR ID - 8230 AU - Čechák, Petr - Mates, Pavel - Šmíd, Jan PY - 2020 TI - Human Rights and the Courts JF - Czech yearbook of international law VL - 2020 IS - XI SP - 85-116 EP - 85-116 PB - Lex Lata BV SN - 21572976 KW - rule of law KW - human rights KW - the judiciary UR - https://www.lexlata.pro/wp-content/uploads/2020/09/CYIL-2020-Abstracts.pdf N2 - Human rights are part of the European tradition and they have had a long genesis. During this process, the approach to human rights has changed so that they have transformed into claims. This approach is used in the modern age, when human rights are perceived as subjective rights, whereby their development also involves their expansion. Courts, which decide on the specific application of the general provisions of legal regulations, play a completely fundamental role in this process. Naturally, extra-legal factors are also manifested in this decision-making and it is often possible to assume that judicial applications exceed the limits given by legislators. One of the consequences of this may be the politicisation of judicial decision-making in the area of human rights or the absolutisation of the protection of the human rights of the individual. The correction of the judicial approach is very difficult, because court decisions essentially end political discourse on certain questions which themselves may be highly politicised. It would therefore seem important to find the correct place for the role of the courts in the field of human rights protection. ER -
ČECHÁK, Petr, Pavel MATES and Jan ŠMÍD. Human Rights and the Courts. \textit{Czech yearbook of international law}. Nizozemsko: Lex Lata BV, 2020, vol.~2020, XI, p.~85-116. ISSN~2157-2976.
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