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Theories of Judicial Decision-Making confronted the Functioning of Czech Courts
Blažková, Kristina ; Tryzna, Jan (referee)
Theories of Judicial Decision-Making confronted the Functioning of Czech Courts Abstract Judicial decision-making in hard cases is not a rationalisation which legitimates a choice made based on non-legal grounds, but a relatively predictable, determined and just process which draws legitimacy from the rationality of legal thinking and is significantly influenced by the judge's effort to make the best decision possible considering his conception of law and general training. Based on this proposition the dissertation thesis explores the effect of the judge's conception of law and his judicial function on his legal argumentation and his decision-making in hard cases. The main concept the thesis thus being the judicial philosophy. The dissertation thesis firstly analyses the concept theoretically and subsequently tests the theory on real judicial practice. The hypothesis is that judges of apex courts have different judicial philosophies and that their opposing views on grounds of law and their judicial function exhibits itself in their decision-making in hard cases. The disagreement between judges may be characterised as reasonable disagreement. In situations of reasonable disagreement, the opposing parties are incapable of reaching a compromise despite perfectly sound and grounded positions and mutual effort...
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Theories of Judicial Decision-Making confronted the Functioning of Czech Courts
Blažková, Kristina ; Kysela, Jan (advisor) ; Wintr, Jan (referee) ; Šimíček, Vojtěch (referee)
Theories of Judicial Decision-Making confronted the Functioning of Czech Courts Abstract Judicial decision-making in hard cases is not a rationalisation which legitimates a choice made based on non-legal grounds, but a relatively predictable, determined and just process which draws legitimacy from the rationality of legal thinking and is significantly influenced by the judge's effort to make the best decision possible considering his conception of law and general training. Based on this proposition the dissertation thesis explores the effect of the judge's conception of law and his judicial function on his legal argumentation and his decision-making in hard cases. The main concept the thesis thus being the judicial philosophy. The dissertation thesis firstly analyses the concept theoretically and subsequently tests the theory on real judicial practice. The hypothesis is that judges of apex courts have different judicial philosophies and that their opposing views on grounds of law and their judicial function exhibits itself in their decision-making in hard cases. The disagreement between judges may be characterised as reasonable disagreement. In situations of reasonable disagreement, the opposing parties are incapable of reaching a compromise despite perfectly sound and grounded positions and mutual effort...
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Positive and negative conceptions of human rights
Blažková, Kristina ; Kühn, Zdeněk (advisor) ; Ondřejek, Pavel (referee)
The aim of this thesis is to analyse the protective function of constitutional rights as compared to the traditional defensive function. Whereas the defensive function of constitutional rights requires that the state does not interfere with and respect the constitutional rights of the individual, the protective function requires the state to act to promote and protect constitutional rights. The problematic is examined primarily through the case-law of three foreign supreme jurisdictions, i.e. the Supreme Court of the United States of America, the Federal Constitutional Court of the Federal Republic of Germany and the European Court of Human Rights. In the broader perspective the thesis aims to assess the approach taken by the Czech Constitutional Court in relation to this problematic. The protective function of constitutional rights is explored through the perspective of the individual and through the perspective of the system. The thesis is divided into four chapters. In the first chapter, the author clarifies fundamental theoretical concepts used in the thesis. The positive and negative concept of constitutional rights is closely connected to the two concepts of freedom as developed by I. Berlin in his famous essay Two Concepts of Freedom. The protective function also represents a specific legal...
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Positive and negative conceptions of human rights
Blažková, Kristina ; Kühn, Zdeněk (advisor) ; Ondřejek, Pavel (referee)
The aim of this thesis is to analyse the protective function of constitutional rights as compared to the traditional defensive function. Whereas the defensive function of constitutional rights requires that the state does not interfere with and respect the constitutional rights of the individual, the protective function requires the state to act to promote and protect constitutional rights. The problematic is examined primarily through the case-law of three foreign supreme jurisdictions, i.e. the Supreme Court of the United States of America, the Federal Constitutional Court of the Federal Republic of Germany and the European Court of Human Rights. In the broader perspective the thesis aims to assess the approach taken by the Czech Constitutional Court in relation to this problematic. The protective function of constitutional rights is explored through the perspective of the individual and through the perspective of the system. The thesis is divided into four chapters. In the first chapter, the author clarifies fundamental theoretical concepts used in the thesis. The positive and negative concept of constitutional rights is closely connected to the two concepts of freedom as developed by I. Berlin in his famous essay Two Concepts of Freedom. The protective function also represents a specific legal...
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Visual setting and imagination in G. García Márquez writings
Blažková, Kristina ; Poláková, Dora (advisor) ; Holub, Jiří (referee)
In this work I focus on the environment of selected works from Macondo cycle, where Gabriel García Márquez locates the story. My objective is to map the way Gabriel García Márquez describes the environment, occurrances aned characters' actions. I try to compare, from the point of veiew of a reader, to what extent these are descriptions of environment and inhabitants of South America and to what extent this is an expression of the author' s imagination using magical elements, allegories and metaphors. I accent the part played by wings and tableaus in selected works, mainly in the novel One Hundred Years of Solitude, and to what extent Gabriel García Márquez contributed to new narrative method by this.
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Real Property Evaluation - comparison of market and administrative approach
Blažková, Kristina ; Heřman, Jan (advisor) ; Zeman, Karel (referee)
The essential definitions and terminology used in real property evaluation including explanation of used methods in administrative and market approach are explained in theoretic part of thesis. The analytical part deals with administrative and market evaluation of a specific real property in the region Praha - východ. In conclusion the calculated values are compared and assessed. The author also points out the main differences between administrative and market system of real property evaluation.
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Real Property Valuation
Blažková, Kristina ; Heřman, Jan (advisor) ; Hezina, Miloslav (referee)
Práce je zaměřena na administrativní ocenění bytové jednotky porovnávacím způsobem dle vyhlášky 540/2002 Sb. a následným vyhodnocením bytu jako investice. Teoretická část se zabývá vysvětlením používaných základních pojmů v této oblasti a dále metod administrativního oceňování, včetně definování vztahu mezi cenou a hodnotou. V praktické části je provedeno konkrétní ocenění bytu, studie dosavadního vývoje trhu nemovitostí i porovnání bytu jako investice s jinými možnostmi.
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