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Reasoning of Criminal Judgments in the Czech Republic
Tomšů, Kristýna ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
The topic of the diploma thesis is the reasoning of the criminal judgment, especially with regard to the sentence imposed. The obligation for judges to reason a sentence arises from the Code of Criminal Procedure and the principles of the rule of law; therefore, with some exceptions, it is an essential part of the judgment. The first part focuses on the aspects of the reasoning of the judgment in general (Chapters 1-6), explaining the reasons why judgments need to be justified, the different approaches to reasoning, the principles of good reasoning, and the problems that arise in reasoning. The next part of the thesis (chapter 7) deals with the justification of the sentence in the criminal judgment. The purpose of punishment, principles that influence the process of punishment of offenders, as well as factors (circumstances) that influence the selected punishment are discussed. The next part of the thesis (chapter 8) is devoted to the empirical part: the research which analyzes a representative sample of 366 judgments of Czech district courts in terms of the sentence imposed. Based on the law and the literature used, the data and factors that will be recorded during the analysis whereas the main research question is: How and to what extent do Czech district courts justify imposing sentences? This...
Specifics regarding methods of interpretation of the EU law and process of EU directives transposition
Hosnedl, Daniel ; Ondřejek, Pavel (advisor) ; Tryzna, Jan (referee)
Specifics regarding methods of interpretation of the EU law and process of EU directives transposition Abstract This thesis is dedicated to the problematics regarding specifics of the European Union law interpretation methods. While majority of publications dealing with law interpretation adopts the perspective of judges and courts, and thus deals with the interpretations they render, this study adopts the viewpoint of a Czech legislator, who is facing a challenging task of transposing directives into the Czech legal order. In order for the transposition to be conducted properly, a thorough interpretation of the respective directive must precede. There is six standard and non- standard methods of interpretation at the legislator's disposal, including linguistic, logical, systematic, historical, theological and comparative one. Do these methods, however, prove to be fully applicable in case of the interpretation of the EU directives? Possibly, what would be the EU law norms interpretation specifics? This study represents an analysis of the given topic from the perspective of a legal theory and is structured into three main sections. The first section provides a brief definition of the legal interpretation as such and presents an overview of both historical and contemporary approaches towards the...
Analyses accompanying creation of law on the example of regulation of new phenomena, the so-called shared economy
Blažek, Jan ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
Analyses accompanying creation of law on the example of regulation of new phenomena, the so-called shared economy Abstrakt v anglickém jazyce This thesis deals with analyzes preceeding the parliamentary phase of the legislative process on the example of the modern phenomenon, the shared economy. In the case of regulation of a shared economy, the legislator faces a difficult task of regulating yet unregulated, and in such cases, there is a risk that in the event of an incorrect analysis, the regulation may be unfunctional and thus unnecessary. The author chose two analyzes for his thesis, namely analysis of regulatory impact assessment and related explanatory report. The topic becomes more important when we consider that today's era is called the age of legislation. In some ways, it also offers an alternative view of improving the quality of regulation (usually laws), because although the legislator is trying in every way to improve the quality of the Czech legal system, it focuses entirely on the legislative process in the chambers of the Parliament, or adopts new adjustments for the greater transparency of the legislative process. The thesis consists of an introduction, 6 chapters and a conclusion. The chapters are subdivided into subchapters. In the first and second chapter, the author defines the...
Theoretical bases for the limitation of fundamental rights and freedoms in the Czech Republic
Madej, Martin ; Tryzna, Jan (referee)
Theoretical bases for the limitation 
 of fundamental rights and freedoms in the Czech Republic 
 In the Czech Republic, the conception of fundamental rights and the conditions for their limitations are the result of a specific interpretation of the Charter of Fundamental Rights and Freedoms by the Constitutional Court, which in turn reflects its own views on constitutional theory. Despite being presented almost dogmatically, the confrontation with foreign literature suggests that the so-called external theory of the Constitutional Court finds strong opponent in the so-called internal theory. Internal theory sheds doubts on such hallmarks of the Court's doctrine like the wide conception of fundamental rights, the principle of proportionality or the very existence of conflicts of constitutional values. In this thesis, it is argued that although the internal theory cannot substitute for the external theory at the moment, it represents an opportunity for the Constitutional Court to reassess its current position in order for it to better depict the aims of the constitution-maker, to respect the policies of the legislator and - above all - to take fundamental rights seriously. In particular, it is claimed that the optimal model of the limitation of fundamental rights dully distinguishes between definition and...
Quality and Function of Explanatory Reports in the Czech Legislative Process
Hrubý, Dominik ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
According binding legislation, explanatory reports attached to legislatorybills is integral part of legislative process in the Czech republic for a long time, dramatically exceeding duration of autonomic Czech state. However, law sciences aren't interested in them a lot, equally to whole legislative process. Unfortunately, most of legislative actors do the same. At first, this thesis briefly discribes legislation related to explanatory reports. It considers both efficient legislation and valid legislation with efficiency planed from 1st January 2000, but also legislation in Legislative government guideline, which is binding only for legistatory bill submitted by government. Coming out from assumption, that writing explanatory report isn't the purpose by itself, the thesis define several functions, whitch explanatory reports should fulfill. Only in comparison with to these fuctions, we could say how explanatory report should like and eventually how it definitely souldn't. Base on these defined functions, the most common lacks of explanatory notes, which makes fullfiling the function more difficult or even impossible. These lacks is presented at real documents (bills) from legislative process - passed bills, rejected bills and also bill going through the various parts of legislative process right now...
The Role of the Grand Chambers of the Supreme Courts and of the Plenum of the Constitutional Court in Judicial Law-Making
Kadlec, Ondřej ; Kühn, Zdeněk (advisor) ; Šimíček, Vojtěch (referee) ; Wintr, Jan (referee) ; Tryzna, Jan (referee)
The Role of the Grand Chambers of the Supreme Courts and of the Plenum of the Constitutional Court in Judicial Law-Making Abstract Grand Chambers (GCs) are considered to be the most authoritative judicial bodies within multi-panel supreme courts. They are said to secure the unity, continuity, and quality of these courts' decision making. This thesis explores these claims in relation to GCs of three Czech highest courts - the Supreme Court, the Supreme Administrative Court, and the Constitutional Court. What is the role of the GCs in the decision-making of these Courts and how do the GCs fulfil their role? The thesis addresses these questions from both doctrinal and empirical angles. Doctrinally, it analyses with respect to all three courts the criteria for selecting GC cases, the character of GC decisions, and the status of GC precedents. Empirically, it explores how many and what type of cases the case-selection mechanism generates and how the GC's decisions influence the decision- making of other Court formations. On the basis of this analysis, the main argument of the thesis is that courts' use of GCs influences the way the multi-panel courts develop the law. The three key parameters of any GC that the thesis identifies are (i) the justification of its authority, (ii) the means of asserting its authority...
Legally Philosophical Aspects of Searching for Truth in Civil Procedure
Gazda, Viktor ; Ondřejek, Pavel (advisor) ; Tryzna, Jan (referee)
Legally Philosophical Aspects of Searching for Truth in Civil Procedure DIPLOMA THESIS Viktor Gazda Abstract The aim of this thesis is to discuss certain legally philosophical aspects of fact- findings in civil procedure. In a simplified way, this work is focused on exploring the possibility of determining the value of truthfulness of quaestio facti when applying law. The six chapters of the work include three basic themes. The first one examines the reflection of the philosophical concepts of truth in the process of determining the facts of a case, the second one clarifies the nature of the ideological aims of fact-findings in the form of principles of formal and substantive legal truth and the third topic deals with the nature of a judge's beliefs in the truthfulness of factual claims and the role of probability in the judge's belief At first I briefly present the phenomenon of truth in a wider philosophical context so that I can then proceed to outline the selected theories of truth. After explaining the basic essence of the legal procedural principles which have the greatest impact on the process of finding the facts, I pass, in another part of the thesis, to the very analysis of these principles through the prism of selected theories of truth. The reflection of the philosophical concepts of...
Judicial activism
Pumr, Jaromír ; Tryzna, Jan (advisor) ; Wintr, Jan (referee)
Judicial activism Abstract This thesis tries to complexly grasp the phenomenon of judicial activism. The key role for it and its analysis of judicial activism is the theory of separation of powers in the state, without its comprehension it is hardly possible to correctly assess. The first chapter thus focuses on the theoretical concept of separation of powers, its evolution and current standing. Takes a critical stand with present thinkers and suggests rethinking its approach to stress the theory's purpose instead. The second chapter analyses judiciary and judicial system from the functional and institutional approach. Offers its classical definitions yet describes many authors who criticize the affinity of judicial power's activity to the one of state administration. It tries to rebut those opinions with arguments of specific expertise of judges and of its legitimacy. In the third chapter the focus is on the judicial activism. It identifies large dispersion of its definitions therefore uses meta-analysis of Keenan Kmiec for its definition. Firstly, discusses the major change of judicial power in society during the last century and for this reason addresses those most important changes: hypertrophy of law and human rights, and shift of the main interpretational paradigms to natural law emphasis....
Contemporary Tendency towards Extensive Interpretation of Constitutional Principle of Equality and Prohibition of Diskrimination
Otrošinová, Dominika ; Tryzna, Jan (referee)
This work focuses on the contemporary form of the constitutional principles of equality and non-discrimination. These are human rights which have been formed in the society during last decades, and these changes have usually been dynamic and also crucial. For the purpose of understanding these principles and their position in the society, this work deals with analysis, development and influential factors related to these principles. First of all, this work provides general description of principles, which is a terminological basis, it also analyses constitutional principles and legal interpretation. Then it focuses on the principles of equality and non-discrimination, their relation and possibility of restriction. Besides from explanation of the relevant terms, this work also contains their more detailed analysis. The second chapter describes the process of enshrining these principles and strengthening their role in the society. Furthermore, it focuses on the process of enshrining itself, and provides examples of subjects and processes supporting this extension. The end of this chapter is a thought about the name of this work, and it contains primarily the examples from today, which demonstrate the scope of changes regarding these principles. The work also includes consideration of the question which ideas...
Gnoseological implications of law application
Kallai, Vojtěch ; Tryzna, Jan (advisor) ; Žák Krzyžanková, Katarzyna (referee)
This diploma thesis Gnoseological implication of law application inquires the epistemology of judicial decisions, known as proving. The work does not confine itself to mere law rules of proving before the court; rather it focuses on the comprehensive theory of the judicial cognition, which dwells in the proving law basis is not always clearly defined. These basis or axioms of law epistemology are to be exploited and clarified by our paper. Except the introduction and the final conclusion, the analyses are divided into four chapters. The chapter Prolegomena k teorii poznání explores the general cognition philosophy with references to the critical reflection of the (both empirical and rational) cognitional possibilities. It is supposed to be a source of the scrutiny of the special judicial cognition. The following chapter Specifika poznávání v právu uses the descriptive method to study the main characteristics of the specific judicial cognition as long as they differ from the characteristics of the general cognition. The comparison of the theoretical and real law approach is also given a consideration. The chapter Pragmatická doktrína is trying to provide integration as well as a generalization of the previous discoveries and in the conclusion it aims to provide clear and explicit gnoseological theory...

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