National Repository of Grey Literature 51 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
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...
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...
Freedom of Speech and its Postmodern Challenges in Perspectives of European and American Theory and Case Law
Rybář Holubová, Eliška ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee) ; Polčák, Radim (referee)
Freedom of Speech and its Postmodern Challenges in Perspectives of European and American Theory and Case Law Abstract This dissertation entitled Free Speech and its Postmodern Challenges in Perspectives of European and American Theory and Case Law joins a vibrant conversation about the changing nature of free speech in the digital era. The internet, both as a communication technology and a multimedia platform, has fundamentally transformed the world around us: political, legal, media, economic and other important dimensions of our postmodern society. As internet expanded and became almost omnipresent, it also emerged as an essential domain for freedom of speech, becoming a new public square, newspapers, radio and TV. This new and inter- connected digital cosmopolis introduced brand-new legal challenges, reflecting the inherent tension between the global virtual community and local legal rules and systems. The purpose of this disseration is to modestly contribute to the current discourse and to introduce some complexities of this brave new world of digital free speech. The internet, particularly Internet 2.0 in the era of social networks, redefined the rules of the game, transformed the field as well as the players. The new pluralist model of digital free speech can be portrayed as a structure with complex...
Political Role of Courts and Judges from a European and Comparative Perspective
Vikarská, Zuzana ; Kysela, Jan (advisor) ; Wintr, Jan (referee) ; Holländer, Pavol (referee)
1 Political Role of Courts and Judges from a European and Comparative Perspective Zuzana Vikarská The submitted dissertation examines European apex courts (i.e. the Court of Justice of the European Union and the European Court of Human Rights) and aims to answer the research question whether these judicial institutions are political and, if so, in what sense. The author puts forward five perspectives from which the political role of courts and judges can be analysed. The first dimension perceives judges as human beings who are influenced not only by legal rules but also by various non-legal influences, including political ones. In the first dimension, the notion of politics therefore stands in contrast to a certain idea of legal purity and separation of law from politics. This first dimension covers various jurisprudential perspectives on judicial decision-making, but also issues such as transparency of judicial institutions or the quality of judicial reasoning. The second dimension looks at the nomination procedures that lead to judicial appointments at the European apex courts. In this case, politics means the participation of political actors in the process of selecting candidates for the judicial functions. In this meaning, the notion of politics stands in opposition to the notion of expertise. The...
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....
Teleological interpretation in private law
Anzenbacher, Vilém ; Wintr, Jan (advisor) ; Večeřa, Miloš (referee) ; Maršálek, Pavel (referee)
Teleological interpretation in private law Abstract This thesis deals with the problem of teleological interpretation in private law which, after the re-codification of private law in the Czech Republic has become a vital interpretative method in the process of interpretation of private legal rules. This PhD thesis describes the historical development of approaches to teleological interpretation and its relation to the other interpretative methods. Interpretation of the law is a complex process and individual interpretative methods cannot be approached separately but, on the contrary, in their mutual context. Such procedure is also encouraged by the interpretative provisions contained in the introduction to the new Civil Code. In this thesis, the so-called four-element scheme, namely the division of interpretative methods to teleological, historical, linguistic and systematic interpretation were chosen which also correspond to the categorization that can be inferred from the wording of the new Civil Code. The work is divided into chapters with the content of chapter two to seven forming the focal point, while the first chapter is the introduction and the eighth chapter is the conclusion. In the second chapter, the question of private and public law and the concept of interpretation itself are examined....
Methodological Problems of Comparative Law
Ejubovič, Denis ; Wintr, Jan (advisor) ; Kühn, Zdeněk (referee)
Methodological Problems of Comparative Law Summary From the end of the Second World War the comparative law is constantly growing. Growth of the comparative law was enabled, but also forced, by escalating globalization. Development of an information and communications technology in the past decades growth of the comparative law only accelerate. On this aggressive growth the comparative law wasn't prepared, which led to perversion of its content, subversion of its method and establishment of Feyerabend's methodological anarchism, which to this day under the slogan "anything goes" reigns over the comparative law. This thesis is an attempt to create order in the comparative law. We don't do that for the comparative law, or because of the current state of the discipline, but because of our own interest in application of the comparative method in the legal science. In the first section of this thesis we propose a working definition of comparative law. In the second section of this thesis we focus on the structure of comparative method: on the structural elements which compose the comparative method. In the third section of this thesis we focus on the composition of comparative method: on the compositional elements by which are the structural elements of the comparative method integrated into the complete whole....
Theoretical bases for the limitation of fundamental rights and freedoms in the Czech Republic
Madej, Martin ; Ondřejek, Pavel (advisor) ; Wintr, 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...
Shakespeare and the Law
Židek, Zdeněk ; Wintr, Jan (advisor) ; Maršálek, Pavel (referee)
The topic of the thesis is the connection of the renowned bard and writer William Shakespeare with the Law. The thesis points out some of the most interesting legal remarks, which can be found during the course of the study of the Shakespeare's texts. The aim of the thesis is to broaden the knowledge of the depth of Shakespeare's plays, romances and sonnets and their legal connotation that never ceases to amaze both the general public, and the readers of legal education. The thesis is prefaced by the treatise regarding the connection of the law with the literature through the Law and Literature movement. The following chapter notes reasons why is it appropriate to study literary texts for the practice of legal professions, namely in the connection to the courts' decisions. Decisions of the US Supreme Court and the Czech Constitutional Court are mentioned in the thesis. In the following lines the author notes the issues one might face while translating the Shakespeare's remarks, especially those of legal connotation ; and mentions some of Shakespeare's law-related remarks. A notable portion of the thesis deals with three plays and their law-related contents. In the passage regarding the comedy Measure for Measure, Shakespeare's interest in a topic that is still actual nowadays is pointed out - the...

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