Ústavně právní aspekty posuzování existence veřejného zájmu

Constitutional and Legal Aspects of Review of the Existence of Public Interest The article attempts to come to terms with the determination of public interest in the Czech law. Section I explores the different definitions of public interest in the Czech law and the judicature of general courts and the Constitutional Court of the Czech Republic. Section II presents the description of the basic principles of determination of the existence of public interest in concrete case. Section III focuses on the essential problem within the process of determining the public interest, the potential conflict in between the public interest and the fundamental rights and freedoms. It then considers the meaning of legal purpose used as an essential condition for justifying the existence of public interest in the individual case (e. g. expropriation). Finally, Section IV deals with the forms of judicial review: made by general courts and by the Constitutional Court. This section explores the principles of constitutional review such as proportionality test within the process of identifying the public interest in individual case.