National Repository of Grey Literature 83 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Do Constitutional Court's rulings bind lower courts? Doctrinal and empirical perspectives
Drápalová, Jana ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee)
Do Constitutional Court's rulings bind lower courts? Doctrinal and empirical perspectives Abstract Czech doctrinal researchers conclude that decisions of the Czech Constitutional Court are - at least in some respect - bind lower courts pro futuro. Although continental legal systems do not officially subscribe to a doctrine of precedent, a quasi-precedential role of the jurisprudence of higher courts is often defended by theorists. However, this theory of quasi-precedent has never been empirically tested in the Czech Republic. This dissertation constitutes a first such attempt as it examines whether courts actually decide in practice according to the jurisprudence of the Czech Constitutional Court. Specifically, it focuses on a guideline decision by the Czech Constitutional Court on parole decisions made in 2018. The guideline decision emphasized that parole decisions - made by courts in the Czech legal system and not by parole boards or committees - constitute a systemic problem since they are poorly reasoned and as a result they are ambiguous and not persuasive. The guideline decision in detail stated what reasons can be used to justify parole decision and how various factors, such as previous convictions, should be interpreted when deciding on parole. This dissertation studies two groups of first-level...
Soviet jurisprudence of the second and third decade of the 20th century and its critical assessment
Kolářová, Valeria ; Kühn, Zdeněk (referee)
Soviet jurisprudence of the second and third decade of the 20th century and its critical assessment The presented thesis aims to introduce the life and work of three prominent Soviet legal scholars: Pēteris Ivanovich Stuchka, Evgeny Bronislavovich Pashukanis, and Andrey Yanuaryevich Vyshinsky, who has a significant impact on formulating Soviet legal thinking of the second and third decade of the 20th century. The thesis undertakes to present their ideas and legal theories, subject them to critical analysis and evidence that not everyone who serves the law also serves the good. The thesis is divided (except for the introduction and end parts) into three parts, each of which is dedicated to one of the examined scholars. The first part is dedicated to Pēteris Stuchka, the second part to Evgeny Pashukanis and the third part to Andrey Vyshinsky. Each of these parts is then divided into two chapters: a bibliographical chapter and a chapter examining their legal theories and opinions. Each of the bibliographical chapters focuses on the life of P. Stuchka, E. Pashukanis, and A. Vyshinsky, and their scientific and academic careers. Each part of their lives is explored and some myths about their lives rebuked. Even though exploration of their lives may seem as superfluous on the first sight, it is to the...
Methodology of interpretation of multilingual legislation
Fatura, Martin ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee) ; Cvrček, František (referee)
Methodology of interpretation of multilingual legislation Abstract The main purpose of this thesis is to analyze selected cases of in- terpretation of the multilingual legislation. Author identifies the basic prin- ciples of interpretation that appear in these cases. They are subsequently used to describe the general procedures of the multilingual interpretation and to solve problems related to it so that the most appropriate meaning of the text could be found. The thesis is divided into four basic parts. The first part is devoted to the historical excursion and description of multilingualism at the territories of the Lands of the Bohemian Crown in the past. The legislation on language law between 1620 and the beginning of the First World War in the lands of the Bohemian Crown is described with the use of historical literature. The second chapter of this part is devoted to the study of the cases of inter- pretation of the historical legal texts by the contemporary courts. The basic case law of the relevant courts of the Czech Republic is summarized and the general prerequisites for the successful interpretation are emphasized. The second part deals with international treaties of public law. Although these texts are not to be supposed legal acts in a formal sense, international treaties between States or with...
Soviet jurisprudence of the second and third decade of the 20th century and its critical assessment
Kolářová, Valeria ; Kühn, Zdeněk (referee)
Soviet jurisprudence of the second and third decade of the 20th century and its critical assessment The presented thesis aims to introduce the life and work of three prominent Soviet legal scholars: Pēteris Ivanovich Stuchka, Evgeny Bronislavovich Pashukanis, and Andrey Yanuaryevich Vyshinsky, who has a significant impact on formulating Soviet legal thinking of the second and third decade of the 20th century. The thesis undertakes to present their ideas and legal theories, subject them to critical analysis and evidence that not everyone who serves the law also serves the good. The thesis is divided (except for the introduction and end parts) into three parts, each of which is dedicated to one of the examined scholars. The first part is dedicated to Pēteris Stuchka, the second part to Evgeny Pashukanis and the third part to Andrey Vyshinsky. Each of these parts is then divided into two chapters: a bibliographical chapter and a chapter examining their legal theories and opinions. Each of the bibliographical chapters focuses on the life of P. Stuchka, E. Pashukanis, and A. Vyshinsky, and their scientific and academic careers. Each part of their lives is explored and some myths about their lives rebuked. Even though exploration of their lives may seem as superfluous on the first sight, it is to the...
Abuse of Law in the European and Comparative Context
Fuksová, Lucie ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
Abuse of Law in the European and Comparative Context This thesis aims at description and assessment of the principle of abuse of law in the Czech law. Characteristics and consequences of abuse of law are provided and put into context of legal systems and cultures different from the Czech one. Two major aspects of abuse of law are compared: its origin (i.e. emergence, legal basis in relation to character of given legal culture) and actual characteristics and ramifications of application of abuse of law. Where applicable, the consequences of the doctrine are provided separately for private and public law. In the Czech law, this sorting is more fine. This means that more branches of law are being characterized. European law, on the other hand, is not divided into any formal categories. The first part provides general theoretical basics. It deals with the way that legal principles work in the legal system and what is their role among other elements of law such as goals and values, and legal norms on the other hand. It provides description of the way that legal principles work during creation and application of law. The thesis also deals with consequences of application of the principle of abuse. The leading idea of this thesis states that "We must see the abuse of law to know it.". It is thus very...
The Economic Analysis of Tort Law
Sztefek, Martin ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee) ; Sobek, Tomáš (referee)
The Economic Analysis of Tort Law Abstract In the presented thesis I discuss the economic analysis of tort law. The economic analysis of law can be described as the application of economic theory - primarily microeconomics and the basic concepts of welfare economics - to examine the formation, structure, processes, and economic impact of law and legal institutions. The economic analysis of tort law can help understand the impact of tort liability on individuals' behavior, why some areas of human activity are governed by negligence or strict liability, or why, in some cases, the amout of damages is limited. First two chapters describe the economic approach to law as such, they serve as an introduction into this field of study and present the most important methodological approaches. In the first chapter, I also discuss the basic tendencies that have shaped the economic analysis of law throughout its development. Second chapter then discusses some of the fundamental concepts of the economic analysis of law, namely the assumption of rational action, the concept of transaction costs, the efficiency criterion, the importance of the Coase theorem, and the distinction between property rules and liability rules. Following the examination of the concept of economic efficiency, an alternative approach based on the...
The Political Character of Constitutional Review
Juhás, Juraj ; Gerloch, Aleš (advisor) ; Kosař, David (referee) ; Kühn, Zdeněk (referee)
in the English language: The Political Character of Constitutional Review. In this thesis, we tried to find out whether constitutional review in the Czech Republic has at least partially a political character. In the Czech Republic, constitutional review is exercised by the Constitutional Court in two types of proceedings: (a) proceedings on derogation of statutes and other regulations (laws) and (b) proceedings on constitutional complaints against decisions or other interferences of public authorities in constitutionally guaranteed fundamental rights or freedoms. In proceedings on derogation of laws, we found that judicial decision-making behaviour has at least partially a political character. The reason is, in particular, that (a) judges decide in favour of proposals for derogation of laws filed by legislators (deputies or senators) of the same political affiliation as the judges' appointing president more often than when the legislator's political affiliation is the opposite; (b) ideological assessment of the analysed decisions shows that ideological aspects of the decision-making of judges significantly correlate with the presumed ideology of their appointing president. Moreover, the differences in judicial activism are smaller than the differences between legislators of opposite political...
Angloamerican, European, Islamic legal culture (comparative study)
Kalíšková, Lucie ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee)
ii Abstrakt a 5 klíčových slov v anglickém jazyce Anglo-American, European, Islamic legal culture (comparative study) Abstract The aim of the J.D. qualification thesis is to describe the large legal systems and to analyze them in the form of a comparative study. The J.D. qualification thesis consists of six chapters. The first chapter contains the characteristics of large legal systems and their differentiation and, in addition to the compared legal cultures, it also briefly discusses African customary law, the customary law of the Indian subcontinent (based on the religious tradition of Hinduism and Buddhism) and Sino-Japanese legal culture. The second chapter focuses on the description of Anglo-American legal culture and its subsystems, especially English law, US law, Canadian law, legal systems of Australia and New Zealand. The third chapter deals with continental legal culture and its subsystems, specifically the French, Austrian, German, Swiss, Scandinavian, Latin American and European Union legal cultures. At the same time, this chapter briefly summarizes other important civil law codifications of European countries, such as the Netherlands, Romania and Russia. The fourth chapter is focused on the Islamic legal culture and the importance of religion in society. The main part of the J.D. qualification...
Reasoning of Criminal Judgments in the Czech Republic
Tomšů, Kristýna ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
The topic of the diploma thesis is the reasoning of the criminal judgment, especially with regard to the sentence imposed. The obligation for judges to reason a sentence arises from the Code of Criminal Procedure and the principles of the rule of law; therefore, with some exceptions, it is an essential part of the judgment. The first part focuses on the aspects of the reasoning of the judgment in general (Chapters 1-6), explaining the reasons why judgments need to be justified, the different approaches to reasoning, the principles of good reasoning, and the problems that arise in reasoning. The next part of the thesis (chapter 7) deals with the justification of the sentence in the criminal judgment. The purpose of punishment, principles that influence the process of punishment of offenders, as well as factors (circumstances) that influence the selected punishment are discussed. The next part of the thesis (chapter 8) is devoted to the empirical part: the research which analyzes a representative sample of 366 judgments of Czech district courts in terms of the sentence imposed. Based on the law and the literature used, the data and factors that will be recorded during the analysis whereas the main research question is: How and to what extent do Czech district courts justify imposing sentences? This...
Legal Regulation of Data (Theoretical Perspective)
Balážová, Miroslava ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
Legal Regulation of Data (Theoretical Perspective) Abstract The master thesis deals with information and data, their substance and nature, with regards to whether and how it is possible to regulate these. This thesis has three objectives. First objective is to describe and analyse the legal acts, case law and academic literature dealing with information and data. The second objective is to create a theory of information suitable for the law and suggest a legislative and methodological approach to the data and information, thus answering the question whether the information and data may be subject of the legal regulation in general. The third objective is to assess so called technologically neutral approach of the legislator to the legislation which primarily regulates the technology (especially the data). The master thesis brings the following conclusions with regards to set objectives. Firstly, neither the current legislation, nor the case law deals with the concept and methodology of information or data and uses these terms as synonyms. The academic literature lately concerns itself with this topic; however, it does not bring unified theory or methodological approach. Secondly, the thesis brings a proposal of theoretical model of information and data as it suggests examining the term "information" in two...

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