National Repository of Grey Literature 20 records found  1 - 10next  jump to record: Search took 0.00 seconds. 
Political Role of Courts and Judges from a European and Comparative Perspective
Vikarská, Zuzana ; Ondřejek, Pavel (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...
The proportionality of punishment to the wealth of an offender
Drápal, Jakub ; Ondřejek, Pavel (referee)
The proportionality of punishment to the wealth of an offender Abstract This thesis focuses on a contentious issue: Should a fine be related to the wealth of an offender? The first chapter presents various philosophical answers to this question, with most of the attention being directed to the division of fines to regulatory and penal by O'Malley. The contribution of law and economics and other theories is emphasized as well. The second chapter considers the jurisprudence of the Constitutional, Supreme Administrative and Supreme Court of the Czech Republic in relation to the principle of prohibition of fine's liquidation effect on the offender. Based on this analysis, a simplified cheatsheet is presented for government officials to better identify when a fine might have liquidation effect. Fine in the sphere of criminal law is the subject of third chapter. After discussing the theoretical foundations of day-fine concept, its application at two Czech district courts is analyzed. The results suggest that the day-fine concept exists only on paper. To find out why the concept does not work, I have analyzed all relevant legislation of European states relating to the day-fine concept. Based on this comparative analysis I suggest what should be done to improve current legislation in the Czech Republic. My last...
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...
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...
Contemporary Tendency towards Extensive Interpretation of Constitutional Principle of Equality and Prohibition of Discrimination
Otrošinová, Dominika ; Wintr, Jan (advisor) ; Ondřejek, Pavel (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...
Hate speech throughout the continents
Fleček, Robin ; Kühn, Zdeněk (advisor) ; Ondřejek, Pavel (referee)
1 Abstract Thesis title: Hate speech throughout the continents The aim of this thesis is to shed light on standings and rulings of the United States Supreme Court and the European Court of Human rights in hate speech cases. It defines the term "hate speech" and presents grounds used for its restrictions when it comes to freedom of expression. Through introducing established principles that govern the decision-making of both courts and analysing them in key judgments on both continents, the author is trying to determine possible alterations that may lead to enhancing the protection given by hate speech case-law. The author also analyses historical and social impact on the case-law of both the Supreme Court and the ECHR and finds that this influence has led to establishment of crucial principles without which the hate speech cases could hardly be decided today. Both historical and social factors lead the author to the conclusion that the protection against hate speech could still use a tune-up. In author's point of view, the Supreme Court should ease the grip on the First Amendment and give the "true threats" principle, established in Virginia v. Black, leave to prohibit not only intimidating expressions but harmful expressions as well - both physical and mental. The Supreme Court should also strengthen the...
Horizontal Effects of Human Rights
Schreiberová, Jarmila ; Ondřejek, Pavel (advisor) ; Wintr, Jan (referee)
The aim of this thesis is to analyse the issue of horizontal effect of human rights, i.e. whether and how they affect the fundamental rights and freedoms of individuals in private law relationships. With the development of society associated with expansion of the catalogue of human rights and with strengthening of their protection, we are witnessing infiltration of human rights into other legal areas than they were present in previously. This raises many questions about their application in such areas, especially questions about the holders of the obligations resulting from those rights. The thesis is divided into three chapters. In the introductory chapter the author describes the theoretical basis of human rights, the concept, development, and especially their specific nature and function compared to conventional legal norms, which is relevant for subsequent correct understanding of their application in horizontal relationships, which is the theme of the second chapter of the thesis. In the second chapter, the author focuses on the horizontal effect of human rights itself. The chapter describes the application of human rights in horizontal relationships, and then focuses on horizontal legal relationships and recipients of human rights as holders of the obligations resulting from those rights. The...
Prohibition of Discrimination and Freedom of the Individual
Buchtová, Kateřina ; Kühn, Zdeněk (advisor) ; Ondřejek, Pavel (referee)
This work examines the compatibility of prohibition of discrimination in private law and the principle of autonomy of will which is the leading principle of private law. For this purpose, the work analyses both principles and their limits, examines their conflict and possible coexistence. First of all, this work deals with the prohibition of discrimination in private relationships and the extend of its effect. This extend is limited by the scope of the Antidiscrimination Act as well as by certain exceptions from equal treatment. Considering the fact that antidiscrimination law does not have a long tradition in the Czech Republic, this work uses international law and EU law, as well as relevant case law, to interpret the norms of antidiscrimination law. Further, this work focuses on the principle of autonomy of will which is the fundamental prerequisite for realization of the will of individuals in private law. Besides the content of the principle of autonomy of will, this work analyses its limitations given by private law acts, especially Civil Code and Labour Code. The conflict of prohibition of discrimination and the autonomy of will is can be perceived from different perspectives. Some of them are mentioned in this work. In essence, this conflict is a conflict of two fundamental rights, equality...
Discourse theory and the contradictory principle in law
Stříbrná, Alžběta ; Kühn, Zdeněk (advisor) ; Ondřejek, Pavel (referee)
The subject of this diploma thesis is discourse theory and its reflection on the style of judicial decision-making and argumentation. Discourse theory is based on the fundamental assumption that an interaction of more people is needed to achieve right and just knowledge. This is so because an individual is not capable of surmounting her or his own subjective perception of reality. On the contrary, a dialogue enables the articulation of opposing points of view and thus makes it possible to arrive at a more objective and just knowledge. The discourse theory of law, developed by J. Habermas and primarily by R. Alexy, ranks among the theories of legal argumentation with the dialogical approach to the desicion- making as a basic feature. The judge is no longer perceived as an authority that dictates a binding solution of the case to the parties. He or she cooperates with the parties to find and co-create the law to be applied. Discourse theory also stresses the claim to the equal position of parties. According to the contradictory principle, all parties have the same possibility to defend their statements and points of view. The parties and the judge thus create a discourse community in which they argue about the disputed subject and its legal solution. The ideal of the legal discourse theory is to render...
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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