Diffuse judicial review of legislation

Diffuse judicial review of legislation Abstract The dissertation addresses the issue of judicial review, with a particular focus on subordinate legislation. Its central thesis is based on the hierarchical structure of legal sources, which necessarily requires to examine compliance of legal regulations with norms of higher legal force. The work builds on the dichotomy between concentrated and diffuse review. While the concentrated model in Czechia is primarily associated with the Constitutional Court and the review of statutes' constitutionality, the diffuse model is often overlooked, despite its significant role-especially in administrative law-in reviewing the legality of subordinate legislation and in the direct application of international treaties and European Union law. Concentrated and diffuse review cannot be strictly separated, as their mechanisms overlap and complement one another. Courts face the choice of whether to address incompatibility through a diffuse or concentrated approach; this choice must respect the principle of legal certainty and protect subjective rights. Diffuse review is of particular importance in administrative law, since most cases of incompatibility concern secondary legislation. The empirical part includes an analysis of 62 administrative court decisions since 1993 in which...