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Philosophical, theoretical and practical aspects of the legal regulation of doping
Jiřištová, Zuzana ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
70 Resumé Philosophical, Theoretical and Practical Aspects of the Legal Regulation of Doping Doping in sport is a topic that is not thoroughly explored in the Czech legal environment. This thesis will attempt to remedy this gap in two steps. First, it will summarize the status quo with regards to doping, its definition, its history and the current state of regulation. Second, it will propose a solution to the question of whether, why and how should be the doping regulated. The text is divided in six chapters, the first four focussed on the world of doping today and the last two on proposing a solution. The first chapter introduces the problems of elite sport and the use of performance enhancing substances. This is followed by a brief excursus into relationship between the law and sport with a focus on the world of global law. The third chapter covers the history of doping, providing definitions of the doping and briefly explaining the physiological impact of performance enhancing substances. The fourth chapter presents a snapshot of the current regulation in international, European and Czech law, as well as in 'sports rules' imposed by private organisations. The fifth and sixth chapters together propose a solution. The fifth chapter identifies and defines the two possible approaches to regulation, zero...
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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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The position of sharia within the legal systems of Arab states in the Near East
Lvová, Michala ; Maršálek, Pavel (advisor) ; Kühn, Zdeněk (referee)
The position of sharia within the legal systems of Arab states in the Near East The aim of the thesis is to produce a brief but coherent overview of the position of the Islamic law - sharia - within the contemporary legal systems of Arab states in the Near East. This particular part of the Arab and Islamic world was chosen primarily because of two reason: First, the necessary condition for a direct research of available sources is at least basic knowledge of the appropriate language - in this case, Arabic. This is also the reason why other states, which are historically and geographically part of the Near East, were excluded here, especially Turkey and Iran. Second: the Near East region was chosen as a complex part of the Arab world. States in the Northern Africa were excluded because their cultural position is different from that of the states in the Near East. The method chosen tu fulfil the purposes of this thesis was to first briefly summarise the contemporary state of the Czech literature specialised in the field of the Islamic law. The second chapter offers a short introduction in sharia, its origin, sources, schools of law, and basic branches and other concepts. The following three chapters deal each with one of the selected three Arabic states: Egypt, Saudi Arabia and Syria. In each of...
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Freedom of speech and its theoretical aspects in case law (the US Supreme Court, European Court of Human Rights, the Constitutional Court and the Supreme Administrative Court
Holubová, Eliška ; Kühn, Zdeněk (advisor) ; Kysela, Jan (referee)
FREEDOM OF EXPRESSION AND ITS THEORETICAL ASPECTS IN CASE LAW (of the Supreme Court of the United States, the European Court of Human Rights, the Constitutional Court and the Supreme Administrative Court) ABSTRACT: The diploma thesis titled " Freedom of expression and its theoretical aspects in case law" is focused on the analysis of the editorial cartoon on the comparative field of court decisions. The thesis is composed of chapters, each of them dealing with different aspects of freedom of expression. The general part (chapters II-IV) of the thesis deals with the theoretical view on the concept of freedom of expression, its historical and philosophical sources, as well as legal and judicial limits. Last but not least, it also explores the concept and functions of editorial cartoon as a satirical genre. If we take closer look, Chapter II looks at the freedom of expression from theoretical point of view providing historical and philosophical context, whereas Chapter III focuses on free speech limits in legal framework and case law. Chapter IV invites to basic journalistic background of editorial cartoon describing history, importance and principles of drawing satirical pictures. The special part of the thesis (chapters V-VIII) examines Czech, European and American judgments. A key objective is to analyze...
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Discrimination on grounds of sex and legal limits
Pukovcová, Kateřina ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee)
SEX DISCRIMINATION AND THE LIMITS OF LAW The thesis deals with sex discrimination from a theoretical point of view, it does not offer simple answers, but tries to bring proposals to improve current inconvenient estate of treatment of men and women, which can't be considered to be equal. Generally equality is one of the basic values in society, but it is difficult and is failed to fulfill this principle. The main reason is that people follow prejudices and can't get over them. Formal equality of men and women before the law was reached, but factual inequalities persist. That is why a special effort is justifiable and essential to enforce equal treatment. Level of achieved equality indicates progressivism of a country and standard of living generally. If, in case of women, more than half of a population is out of impact, sources and human dignity, democracy is not perfect and faultless. Therefore it is necessary to find and eradicate the latent barriers, change people's attitude and get the prejudices out of their minds. The thesis consists of four main chapters. First chapter concerns terms equality and discrimination and shows their uncertainty, describes various conceptions of equality and direct and indirect discrimination. Second chapter explains necessity of enforcement of equal treatment with men and...
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The duty to prevent damages and its impact in individual legal regimes
Klein, Šimon ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
Duty to prevent damage and its effects in particular legal branches Abstract: The purpose of my thesis is to analyse the duty to prevent damage in the context czech of legal system, to prove that prevention is integral to the system of civil liability and examine special consequences of this duty outside the scope of civil law, i.e. in criminal and administrative law. The reason for my research is increasing importance of revention in modern legal discourse. The thesis is composed of six chapters, each of them dealing with different aspects of the principle of prevention and its development. Chapter One is introductory, analyses and defines the phenomenon of prevention in the civil law. The chapter is subdivided into four parts. Part one briefly describes the emphasis on the prevention in civil liability by the law and economics. Part two analyses the principle of neminem laedere and its importance within the principle of prevention. Part three draws conclusions from the preceeding parts and defines the duty to prevent damage in the civil law. Part four then describes who might be the subject of such a duty. Chapter Two examines the development of the principle of prevention within the czech legal system and examples of relevant case law. It is subdivided into four parts, examining succesive civil codes...
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Reasoning in the judgements of European courts
Vilímková, Veronika ; Tomášek, Michal (advisor) ; Kühn, Zdeněk (referee)
This thesis concerns the topic of legal reasoning in the judgements of European courts. The first part of the paper presents the analysis of the theoretical aspects of legal reasoning, specifically the legal obligation for this practice, as well as an examination of the origins and arguments for the existence of this obligation. Furthermore, the way that the legal reasonings are embedded in the law of the Czech Republic, and in EU legislation, is discussed and examined in detail. The final part of the paper consists of a comparison of legal reasonings of the Czech courts and the European Court of Justice. The relevant aspects of the legal reasoning are explained with regard to the practice of two European courts: European Court of Justice and Supreme Administrative Court of the Czech Republic, respectively.
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The proportionality of punishment with regard to the wealth of the offender
Drápal, Jakub ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
The proportionality of punishment with regard to the wealth of an offender Master's Thesis Jakub Drápal Summary This thesis's main question is whether or not pecuniary punishments should be proportionate to the wealth of an offender. In the beginning the philosophical aspects and opinions of Law and Economics are examined. Jurisprudence of Czech Constitutional Court is discussed as administrative and penal law with their respective jurisdictions, Supreme Court, Supreme Administrative Court and Constitutional Court. Private and supranational law is also considered. The practical part of the thesis is composed of an analysis of the way how are pecuniary punishments in the form of day fines set at two Czech courts. The outcome is that the concept of day fines is not applied in the Czech Republic and is not accepted by the judges. Even though richer offenders get higher sentences than the poorer ones, in proportion to the punishment the richer receive much lesser sentence. To sum-up the findings, it is not possible today to give a unequivocal answer to the key question, whether pecuniary punishment should be proportionate to the wealth of an offender. It is possible in several areas of law, as it is possible to often choose, whether or not it is effective. General and abstract question however has to be left...
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