AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUC Iuridica) is a legal journal published since 1955, which presents longer essays as well as short articles on topics relevant for legal theory and international, European and Czech law. It also publishes works concerning current legislative problems.

Although intended primarily for domestic audience, AUC Iuridica is useful also for foreign experts, who can take advantage of summaries in foreign languages (English, German and French) and key words, which are systematically added to the main articles and essays.

The published articles are subject to peer reviews. If necessary, reviewed texts are sent back to the author for revision.

AUC Iuridica accepts contributions from any contributor on any current legal topic.

The journal is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries).

The journal is archived in Portico.

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We are pleased to inform you that the journal Acta Universitatis Carolinae Iuridica was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database SCOPUS. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite SCOPUS database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUC IURIDICA, Vol 56 No 1 (2010), 37–44

Vázanost veřejné správy

[The Binding of Public Administration by Law]

Vladimír Vopálka

published online: 04. 02. 2015

abstract

The Binding of Public Administration by Law Where persons engaged in public administration rely on public authority they are required to act only in cases, within the limits and in the manner determined by the law (Art. 2 (3) of the Constitution). This rule may appear to be simple. Examining this rule from the material perspective we find out that its enforcement is rather a complex and ambivalent procedure having an immediate impact not only upon the division of powers in the state, but also upon the feasibility of the protection of basic rights and freedoms of citizens. These values in a modern state based on the rule of law are gradually more and more endangered by complicated legal systems, expanding tasks assigned to public administration and their legislative expression, the process of globalization, as well as by the multiplication of administrative bodies. Traditional analyses of the strict binding of public administration by the law on the one hand, and its discretionary powers (administrative discretion) on the other, cannot fully describe its real position, particularly with respect to new modes of its application, such as activities of its regulators or significantly wider supervisory authority often resulting from blanket laws. The significance of (administrative) courts in the application of legal principles in individual cases is higher today than it used to be in the past; however, the questions arises whether the courts are able to sufficiently protect the values of the states based on the rule of law.

Creative Commons License
Vázanost veřejné správy is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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