Immunity as a constitutional legal problem Cover Image

Imunita jako ústavněprávní problém
Immunity as a constitutional legal problem

Author(s): Vojtěch Šimíček
Subject(s): History of Law, Constitutional Law, Political Sciences, Governance, Comparative Law
Published by: Masarykova univerzita nakladatelství
Keywords: parliamentary immunity; constitutional law; accountability; legal interpretations; historical context; political misuse

Summary/Abstract: The article explores the complex issue of parliamentary immunity within constitutional law. It examines two extreme positions: one advocating for the complete abolition of immunity to ensure accountability, and the other supporting broad immunity as an essential constitutional institution. The article does not take a definitive stance but aims to answer key questions about the necessity and appropriateness of immunity in the Czech Republic. It discusses the historical context, different legal interpretations, and the practical implications of immunity. The focus is on parliamentary immunity, excluding presidential or judicial immunity. The article highlights the differences between British and French approaches to immunity and their influence on European constitutional frameworks. It also addresses the potential misuse of immunity for political purposes and the challenges in balancing immunity with legal accountability. The conclusion suggests that while immunity is crucial for parliamentary function, its scope and application need careful consideration to prevent abuse.

  • Issue Year: 4/1996
  • Issue No: 1
  • Page Range: 41-52
  • Page Count: 12
  • Language: Czech
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