Proportionality between Theory and Practice. Review essay on Zdeněk Červínek's monograph: The Method of Proportionality in the Practice of the Czech Constitutional Court
2021
Abstract
The review essay is an original critical article that comprehensively analyses and critically evaluates some of the conclusions of Zdeněk Červínek's monograph: The Method of Proportionality in the Practice of the Czech Constitutional Court. The first part of the review essay develops the theory of public interest, arguing in favour of the theory of public interest as common interest, based on the concept of Virginia Held.
The second part argues against an inflationary application of fundamental rights, in contrast to Zdeněk Červínek's book. The final part then suggests the relationship between rationality and proportionality as a central theme in many contemporary discussions on the balancing of fundamental rights in constitutional law.