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The separation of powers between the judiciary and the executive in the Anglo-American legal culture
Blažek, Oskar ; Kühn, Zdeněk (advisor) ; Ondřejek, Pavel (referee)
83 The separation of powers between the judiciary and the executive in the Anglo-American legal culture Abstract The thesis elaborates on the Anglo-American model of review of executive action. The aim of the thesis was to determine whether the Anglo-American model, or its individual attributes, are compatible with the Czech constitutional order. In other words, whether Czech administrative law could be inspired by the Anglo-American model. To this end, the thesis describes the organisation of executive review in the United Kingdom and the USA. On this basis, the thesis presents both the form of the Anglo-American model as a whole and its individual features. Emphasis is placed on an examination of the nature of quasi-judicial or quasi-administrative tribunals and on the issue of review by the ordinary courts, judicial review. In the final part of the thesis, an assessment of the compatibility of the Anglo-American model with the requirements of the Czech constitutional order on the form of administrative justice is made. In addition to this analysis, the thesis offers a view on a possible concept of Czech administrative justice inspired by the Anglo-American model. This corresponds to the primary motivation for writing the present thesis. This was an effort to find out whether it is possible to draw...
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