The characteristics of foreign persons' right to asylum according to the Bill of Basic Rights and Freedoms Cover Image

Povaha práva cizince na azyl podle Listiny základních práv a svobod
The characteristics of foreign persons' right to asylum according to the Bill of Basic Rights and Freedoms

Author(s): Dalibor Jílek
Subject(s): Constitutional Law, Civil Law, Human Rights and Humanitarian Law
Published by: Masarykova univerzita nakladatelství
Keywords: foreign persons' right;asylum;Bill of Basic Rights and Freedoms;

Summary/Abstract: The right to asylum as a special right of a refugee cannot be explained exclusively from constitutional legal positions, although its external source is the Charter of Fundamental Rights and Freedoms, which is an integral part of the constitutional order of the Czech Republic. The doctrine of constitutional law cannot trace or conceive the threads of legal context if it does not know in detail the customary and contractual rules of international law. The individual right to asylum reflects the dynamic and inevitable coexistence of two legal systems. The right to asylum can thus be interpreted and applied only in a practical symbiosis of two relatively separate legal orders: national and international law. The present contribution is therefore based on a two-focal approach, so that the individual's right to asylum can be structurally analyzed.

  • Issue Year: 9/2001
  • Issue No: 4
  • Page Range: 347-353
  • Page Count: 7
  • Language: Czech