obmedzovací

Obmedzovací refers to a legal concept in Slovak law concerning the limitation or restriction of rights or freedoms. This principle is often invoked in situations where the state, or other authorized entities, seek to impose constraints on individual liberties for a specific purpose. The justification for such limitations typically rests on the need to protect other fundamental rights, public order, national security, or public health.

The Slovak Constitution, like many democratic legal frameworks, recognizes that fundamental rights are not absolute. Article 2, paragraph 2 of the Constitution states that while fundamental rights and freedoms may be limited by law, such limitations must be proportionate to the objective being pursued and must not infringe upon the essence of the right or freedom. This proportionality is a key element in assessing the validity of any obmedzovací measure.

Examples of obmedzovací can be found in various areas of law. For instance, freedom of assembly can be limited if a planned demonstration poses a clear and present danger to public safety. Similarly, the right to privacy might be subject to certain obmedzovací through legal surveillance measures, but only under strict judicial oversight and for specific, lawful purposes. The interpretation and application of obmedzovací are crucial for maintaining a balance between individual freedoms and the collective interests of society. Courts play a vital role in reviewing whether such limitations are indeed lawful and necessary.