
handle: 11104/0330498
This text focuses on the use of proportionality principle in the case-law of the Czechoslovak Supreme Administrative Court (SAC). Theoretical introduction, inter alia, recapitulates “genealogy” of proportionality principle in German legal science and practice of German administrative courts in the 19th century and the first half of the 20th century. We can conclude from this “genealogy” that the principle of proportionality (Verhältnismäßigkeit) was understood mainly as a “test” of necessity or minimal impairment (Erforderlichkeit) and other “steps” of present-day proportionality “test” were not yet fully developed and “isolated” from the “test” of necessity. As far as interwar Czechoslovak legal science is concerned, it was probably Jiří Hoetzel who dedicated some place in his writings to proportionality principle, especially in the field of police measures and expropriation. The analysis of SAC case-law shows that SAC used the proportionality “test” in the review of individual administrative acts rather exceptionally, probably because the SAC’s opinion was that questions of usefulness or suitability (that are closely connected with proportionality understood as necessity) are outside the scope of judicial review, since these questions were rather connected with factual situations and were not understood as questions of normative standards. When the issue of proportionality of individual acts was used by SAC, it happened mainly in the field of police measures and expropriation decisions and the use was not systematic. The author could not find plausible explanation for this unsystematic use.\n
Czechoslovakia, proportionality, administrative law, courts, administrative courts
Czechoslovakia, proportionality, administrative law, courts, administrative courts
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