Karel Černín
Author’s affiliation: Supreme Administrative Court

Principles of good administration and the Supreme Administrative Court: results of empirical research

Jurisprudence 5/2019 Section: Articles Page: 26–39

Keywords: good administration, Supreme Administrative Court, empirical research

Abstract: The author performed an empirical research of the utilization of the principles of good administration in the judicature of the Czech Supreme Administrative Court (SAC) from its establishment in 2003 until 2016. The results revealed that the incidence of the term “good administration” in the judicature of SAC was probably influenced by the activity of the Public Defender of Rights (Czech ombudsman). When referred to, the principles often play a key role in the argumentation of SAC. Rather sporadic are cases where the listed sources of the legal principle are insufficient. On the other hand, quite often SAC approached principial argumentation without going through traditional interpretation methods and identifying conflict between the results achieved by them.