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The Right and the Left
Toman, Jonáš ; Kysela, Jan (advisor) ; Chmel, Jan (referee)
1 Right and left Abstract This work is standing on two main pillars, consisting of two parts. The first part describes the left right spectrum, showing possible alternatives, examining whether there is superiority to this concept of classification of the political spectrum and where does it lie. The second part is a look into the history of the left right dualism, its origin and changes through time from its beginning up to the year of 1989, showing the changeability of political conflict, mainly through time but also through space. First part focuses on left right dualism itself, explaining how we understand it, mentioning some competitive concepts and presenting chosen ones. The outcome of this part is an attempt at synthesis of two to three concepts into a final scheme, that is not letting go of the left right division, while trying to include a level of predictive value. The historical second part begins with two critically influential revolutions, which shook the western world, but which ended with formation of democracies comparable to ones we see today. The work opens up the question of coincidence regarding the origin of the terminology of right and left. Showing that the terms were dictated by the seating of the representatives of certain political ideologies. The amount to which this mechanism was...
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Professional Ethics of Public Prosecutors in the Czech Republic
Novotný, Jiří ; Friedel, Tomáš (advisor) ; Chmel, Jan (referee)
Professional ethics of public prosecutors in the Czech Republic Abstract The diploma thesis is dedicated to problematics of professional ethics from its historical concept, conceptual meaning and development, to current perception and practical application in Czech republic, focusing on public prosecutors of Czech republic. Its purpose is to give readers an insight into theoretical basis of the problematics in question and their influence on current practical uses in the light of current legislation, case study, and other relevant sources. The thesis is structured into three chapters arranged in content from the most abstract chapter to the analysis of specific legal institutes and case studies in the last chapter. It therefore proceeds from the general to the specific in terms of the content. The first, theoretical chapter, focuses on the definition of a key concept in this thesis, the ethics, and other related concepts that are included in the thesis, such as morality, responsibility and law. Furthermore, their mutual relations, connections and differences of meaning are also remembered. The second chapter deals with the professional ethics of public prosecutors with regard to their constitutional grounding in the legal order of the Czech Republic and other legal regulation of lower legal force. It also...
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The problems of judicial expertise in criminal proceedings
Chmel, Jan ; Krupička, Jiří (advisor) ; Šelleng, Dalibor (referee)
The problems of judicial expertise in criminal proceedings Abstract Judicial Expertise is a substantial and irreplaceable part of criminal proceedings. It's legal regulation is required to fulfil high demands. Firstly, it must provide an effective platform for usage of expert evidence in criminal proceedings. Secondly, it ought to ensure that experts provide quality outcomes in compliance with lege artis. Thirdly, it should offer satisfying conditions for expert's activities. This thesis selects a few of the current issues originating from aforementioned requirements. It analyses their origin and evaluates how the Czech legal regulation solves them. At first, the thesis defines fundamental institutes which create a base for an expert's function in criminal proceedings. Subsequently, it offers an overview of statutory regulation of judicial expertise in criminal proceedings. It deals with both special regulation in criminal law and general regulation of Act No. 254/2019 Sb., on judicial experts, expert offices and expert institutes, together with relevant ordinances. Chapter three deals with legislative changes in the field of judicial experts effective from 1st January 2021. It focuses on new experts appointing, remuneration and supervision of experts' activities. It analyses and compares how these issues...
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Legal and Extralegal Factors in Argumentation and Decision-making of the Constitutional Court of the Czech Republic
Chmel, Jan ; Wintr, Jan (advisor) ; Tryzna, Jan (referee) ; Vyhnánek, Ladislav (referee)
Legal and Extralegal Factors in Argumentation and Decision-making of the Constitutional Court of the Czech Republic Abstract The thesis deals with the influence of legal and extralegal factors on the decision-making of the Constitutional Court of the Czech Republic. Particularly, it focuses on the questions of which preconditions for decision-making of the Constitutional Court are created by the external political and social environment, how this decision-making reflects the different attitudes and approaches of individual judges and how it is influenced by the composition of the judicial panels. The author first summarizes a wide range of factors whose influence on court decisions has been observed. These include not only the content of legislation, but also judicial philosophy, including activism and self-restraint, and various extralegal factors observed by the attitudinal and strategic model of judicial decision-making, but also by psychological and economic studies. Subsequently, the thesis focuses on the Constitutional Court of the Czech Republic. First, it deals with the preconditions for the influence of various factors on its decision-making and argues that the Constitutional Court can be considered a strong court due to its external conditions and its own decision-making activities. Then, with the...
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Does Political Ideology Influence the Czech Counstitutional Court's Decision-making?
Chmel, Jan ; Wintr, Jan (advisor) ; Kühn, Zdeněk (referee)
In the presented thesis the author analyses the possible influence of judges' ideolog-ical beliefs on the Czech Constitutional court decision making. The thesis is divided into two parts, theoretical and analytical one. The first part emphasizes the need to distin-guish between the fact that courts' decisions have political consequences and the suspi-cion that those decisions are made in a political way. The theoretical part thus focuses on the discussions on the judicialization of politics, constitutional interpretation, judicial legitimacy and the attitudinal model of judicial decision making. Since the judge can no longer be seen only as "the mouth that pronounces the words of the law", other factors than the text of law (or the Constitution) that determine their decisions should be taken into account. Political beliefs could be one of such factors. Nevertheless, the author ar-gues, that judges lack democratic legitimacy for making purely political decisions and so it is important that they suppress the conscious or subconscious tendency to decide the constitutional cases according to their ideological beliefs. It is thus useful to test the sceptical hypothesis, that what judges do is actually pure politics. It is argued that the analysis of the decision making can be enriched by employing the...
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