Mimoprávní vlivy na rozhodování českého Ústavního soudu

Abstract

The book studies other than purely legal factors that influence the Czech Constitutional Court judges in their decision-making. The publication is inspired by foreign models of judicial decision-making and discusses their applicability in the Czech environment. More specifically, it focuses, for example, on the influence of the judge’s personality, collegiality, strategic decision-making or the impact of public opinion and the media. The book is based mainly on interviews with current constitutional judges.

Through selective activism towards greater resilience: the Czech Constitutional Court's interventions into high politics in the age of populism

“…These observations are in line with the existing literature on political fragmentation. 67 Furthermore, the Czech technocratic populism of Andrej Babiš differs substantially from the ethnopopulism of Viktor Orbán or Jarosław Kaczyński. Hungarian and Polish versions of populism, with their significant nationalist emphasis and portrayal of various external enemies, has a higher mobilisation potential than general boilerplate about corruption and state-management by experts.…”