National Repository of Grey Literature 5 records found  Search took 0.00 seconds. 
The right to a lawful judge
Hruška, Lukáš ; Uhl, Pavel (referee)
The right to a lawful judge Abstract This thesis deals with the basic subjective right to a lawful judge. Its basis consists of analysis of the constitutional and statutory provisions (formal aspect) and their interpretation in the context of merits of the right to a lawful judge (material aspect). The research question of this thesis is as follows: "Are the statutory provisions (or tables of duties) and practices of courts in the Czech Republic aligned with principles and purpose of the basic right to a lawful judge?" General, basic and theoretical issues of the right to a lawful judge such as its nature as a basic subjective right, the scope of its addressees or relation to the right to a due process in line with Article 36 paragraph 1 of the Charter of fundamental rights are analyzed in the second chapter. Findings of this analysis are used to demonstrate the purpose for which the right to a lawful judge was included in the Charter of fundamental rights as well as the implications for independence of the judiciary and procedural rights of parties to the proceedings. Origin of the right to a lawful judge is subsequently explained by a short recourse in chapter three which deals with several historical periods which are most often linked to the necessity of the right to a lawful judge. A deeper analysis of...
Constitutional aspects of compulsory vaccination
Plačková, Anna ; Kindlová, Miluše (advisor) ; Uhl, Pavel (referee)
1 Diploma thesis topic title Constitutional aspects of compulsory vaccination Abstract This diploma thesis focuses on the assessment of the constitutional conformity of compulsory vaccination. In particular, the thesis deals with the conflict of interest in combating the emergence and spread of infectious diseases and the interest in not interfering with fundamental human rights. The main objective of the thesis is to provide a possible line of reasoning for defending the compliance of the vaccination obligation with the constitutional order. The aim is to cover all conceivable aspects that can be associated with mandatory vaccination. First, an interference with fundamental rights is examined in the light of the Charter of Fundamental Rights and Freedoms. By performing the proportionality and rationality analysis it is assessed whether the limitation of the affected rights can be justified. A special attention is paid to a statutory reservation and a conscientious objection. Due to a significant importance of the system of the European Convention on Human Rights, one part of the thesis is focused also on the examination of the compliance of compulsory vaccination with this international instrument. For those purposes a five-step analysis is performed. In this thesis also medical issues are discussed...

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