Mgr. Ing. Ondřej Haberle, doktorand na katedře Teorie, filosofie a sociologie práva Prf UK

The purpose of the present article is to analyze if there is a consistent value-based approach in decision-making processes of the judiciary in the Czech Republic. First, I briefly discuss two basic conceptions of liberal democracy. Then I examine the legal concept of ’self-defending democracy’ which was adopted by Czech upper courts and which seems to cause problems in decision-making processes of lower courts. Then I demonstrate on several concrete judgments of lower courts that the Czech judiciary lacks the clear-cut constitutional test for determining which kinds of speeches attacking a democratic political regime should be punished by the Czech criminal law. The culprit of the state described above is a vague attitude of Czech society towards liberal democracy.