Journal of the Charles University Law Faculty
Barbora Gonsiorová
Author’s affiliation:
Faculty of Law, Palacký University Olomouc
Freedom of Judgment or Partie Honteuse of Administrative Law
Jurisprudence 2/2019 Section: Articles Page: 23–33
Keywords: administrative discretion, public subjective rights, administrative act, judicial review, supreme administrative court
Abstract: Freedom of judgment as a traditional institute of administrative law is an unceasing topic of expert discussions. The article returns to its roots during the period of the so-called First Czechoslovak Republic and systematically proceeds from the theoretical to practical aspects. The subject matter of the analysis is the nature of its existence in the legal order, the relation to the addressees through public subjective rights, the expression in the field of administrative acts and the possibility of subsequent judicial review. It maps period case law and published opinions on these aspects, looking for a link with the current state. After analysing it, it finds that, in particular, the first-republican law in reaction to legislation largely foresaw the attitude to the current notion of discretion, which it has also undeniably influenced.
