An Outline of the Application of Subordination Principle in the Executive Power of the Czech Republic

Vol.21,No.1(2013)

Abstract
The article attempts to present a systematic outline of the application of the subordination principle (superiority and subjection) within the executive power of the Czech Republic. It pursues the question of the origin and substance of the official subordination, the delimitation of relations to which this principle applies, the instruments by which it is realised and the scope (limits) of the subordination principle in particular topics such as the illegal instruction, the relevance of instructions in the process of laying down subordinate legislation and administrative acts or the application of subordination principle in the adjudication of jurisdictional disputes. It continuously refers to the doctrine of the first Czechoslovak republic that has dealt with the subordination principle in a more detailed way. On the basis of this, it compares the position of the government in the first republic and now. In particular, it comes to the conclusion that at present, the subordination principle is being ever increasingly bound by the legality principle, and that a tendency is evident to reduce its negative impacts on the parties to administrative proceedings.

Pages:
54–64
Author biography

Jan Grinc

Department of Constitutional Law, Faculty of Law, Charles University, Prague

doktorand; zaměstnanec Kanceláře Senátu Parlamentu ČR
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