Robert Alexy's Principle of Proportionality in Czech Legal Thought

The book examines critically the theories of leading legal philosopher Robert Alexy. As the majority of the legal academic world agrees, Alexy's theories represent not only a fundamental and classic work of German constitutional theory, but above all a theory that has contributed significantly to the development of a normatively grounded, post-positivist perception and analysis of constitutional legal systems. Alexy's theories constitute the cornerstone of any serious discussion of constitutional rights as well as of the debate on the development of constitutional law and legal argumentation in general. This publication not only addresses theoretical, ethical, and political issues but it also focuses on practical issues of legal interpretation. Thus, the questions that the authors of this book ask concern the definition and concept of constitutional, human, and fundamental rights, as well as Alexy's attempt to define the structure and content of constitutional rights, as well as his efforts to define the limits and scope of the fundamental rights.