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The organization of judiciary in Austria in the second half of the 19th century
Šalak, Boris ; Kindl, Vladimír (referee)
The organization of judiciary in Austria in the second half of the 19th century The main aim of this thesis is a description of the organization of the judiciary in Austria (Cisleithania) in the second half of the 19th century and its position in the broader European context. The revolution of 1848 dramatically affected the organization of the judiciary. In 1850 in some territories of the monarchy a new system of ordinary courts was activated which replaced the old system of pre-March. The new system was fully put under state control and separated from the administration at all levels. Despite the fact that this new structure was notably changed in the next half-century, the basic principles of the organization (with certain exception of the years 1855 to 1867) have not changed much. Other milestones in the development are the years 1854/1855 (the so-called Bach reorganization of the judiciary), the years 1867/1868 (the adoption of the December Constitution and application of certain principles contained therein), the years 1873/1874 (the adoption of the new Criminal Procedure Code and the beginning of its efficiency) and finally the years 1895-1898, when the reform of civil procedure and judicial organization took place. Austrian judicial system in the form it had assumed at the beginning of the last...
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The tranformation of the role of the judicary in the 20th and 21st centuries.
Hořeňovský, Jan ; Wintr, Jan (referee)
The transformation of the role of the judiciary in the 20th and 21st centuries Abstract This work is about the fundamental questions of law, judges, society, and liberal democracy from theoretical social perspective. This study is mainly from the fields of state science and political philosophy. Due to the complexity of the topic, I decided to devote the first chapter to the philosophical starting points. The second and third chapters deal with the role of the courts as political actors. To a large extent, I deal with the criticism of this phenomenon. Important sections are those on the essence of democracy, policies and the role of experts in the process of governance. Equally important is the critical view of human rights inflation in modern societies. In the last chapter, I focus on the various forms of doctrine of judicial restraint, which I see as a realistic solution to the outlined problems. Frequently, the argumentation for criticizing the Judicial Restraint is the creation of a cartoons and its subsequent majestic defeat. I think that this approach is not fair, because in my opinion the judicial restraint can be debated objectively without prejudices and without a priori rejection. Meaningful division of roles in the state is as important as the division of power. The division of power is...
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The tranformation of the role of the judicary in the 20th and 21st centuries.
Hořeňovský, Jan ; Wintr, Jan (referee)
The transformation of the role of the judiciary in the 20th and 21st centuries Abstract This work is about the fundamental questions of law, judges, society, and liberal democracy from theoretical social perspective. This study is mainly from the fields of state science and political philosophy. Due to the complexity of the topic, I decided to devote the first chapter to the philosophical starting points. The second and third chapters deal with the role of the courts as political actors. To a large extent, I deal with the criticism of this phenomenon. Important sections are those on the essence of democracy, policies and the role of experts in the process of governance. Equally important is the critical view of human rights inflation in modern societies. In the last chapter, I focus on the various forms of doctrine of judicial restraint, which I see as a realistic solution to the outlined problems. Frequently, the argumentation for criticizing the Judicial Restraint is the creation of a cartoons and its subsequent majestic defeat. I think that this approach is not fair, because in my opinion the judicial restraint can be debated objectively without prejudices and without a priori rejection. Meaningful division of roles in the state is as important as the division of power. The division of power is...
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The Role of the Judiciary in the Integration Process of the United States of America and the European Union
Zelený, Jan ; Jirásková, Věra (advisor) ; Preuss, Ondřej (referee)
The Role of the Judiciary in the Integration Process of the United States of America and the European Union The aim of this thesis is to describe the integration process of both the European Union and the United States of America and to depict the most crucial role the judiciary had. The thesis will explain how courts can in general substitute the other branches of power, usually when the latter are inactive or even unwilling to act. Both ways how the European Court of Justice (working together with national courts) and the Supreme Court of the United States have influenced or even enabled successful union-making policy will be compared. One of the most surprising facts might be that the Supreme Court had rather an auxiliary role in turning the Union into a strong entity, while the Court of Justice most likely was a real European integration leader. The thesis presents number of specific examples or cases how both courts not only created legal rules but also came up with policy-making decisions, which has significantly changed the given community and lives of all citizens in it. It can be concluded that from nowadays perspective, both courts enjoy great power and prestige. Obviously, the SCOTUS is being regarded as the stronger one from those two. However, such a view might not be entirely accurate...
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"The Gypsy Scourge!" Creation and Implementation of Anti-Gypsy Measures in interwar Czechoslovakia and After, 1918-1941
Baloun, Pavel ; Himl, Pavel (advisor) ; Sadílková, Helena (referee) ; Zimmermann, Volker (referee)
On December 22, 1926, an opening ceremony of the so-called Gypsy school was held in Uzhhorod, the capital of the Czechoslovak administration in Carpathian Ruthenia. Czech officials who gave talks pointed out pedagogical significance of the established institution which they described as unique and exceptional "experiment". The creation of a special school for children of those inhabitants who were labelled as "Gypsies" on the territory which was annexed by Czechoslovakia only later after the First World War and which in the contemporary imagination represented specific, "backward" region of the newly established state, served to consolidate the legitimacy of the First Republic as a democratic, progressive, modern, liberal state which belonged to the developed and civilized West. More than a half year later, on July 14, 1927, representatives in the Czechoslovak Parliament in Prague passed the Act No. 117/1927 on Wandering Gypsies. The development of this law was related to an immense interest of the contemporary media in "Gypsies" which was encouraged by the arrest of approximately twenty "Gypsies" from a village located in East Slovakia. They were charged of numerous robberies and murders. In contrast to the situation shortly after the First World War when the central Czechoslovak authorities...
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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...
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The evolution of the obsession phase of the Vichy syndrome: Klaus Barbie in the articles of Le Monde 1988-2017
Šrédlová, Petra ; Matějka, Ondřej (advisor) ; Bauer, Paul (referee)
Petra Šrédlová Diploma thesis Abstract Abstract The trial of Klaus Barbie was an important turning point in the French memory of the Vichy regime. For a purpose of Barbie's conviction, the interpretation of the crime against humanity was changed in the French legal system. Barbie's victims were, for the first time, given the opportunity to publicly testify. Furthermore, the trial provided an opportunity for development of the Jewish memory and the memory of the resistance. The trial of Klaus Barbie provided the basic legal and procedural framework later on used by the courts in trials with Vichy's criminals. Moreover, the personality of Klaus Barbie remained sealed in a negative sense in French memory, when he was often remembered on the occasion of various events. The aim of this diploma thesis is to prove that, on the basis of qualitative content analysis of articles by Le Monde containing the term "Klaus Barbie" in the period from July 3, 1988 to July 4, 2017, further development of the phase of Obsession of the Vichy syndrome can be traced, along with its thematic categories and intensity. This diploma thesis also argues that the memory development did not proceed consistently, but kept on returning in the form of various events in order to recall not only Klaus Barbie and his trial, but also other...
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The tranformation of the role of the judicary in then 20th a and 21st centuries.
Hořeňovský, Jan ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
The transformation of the role of the judiciary in the 20th and 21st centuries Abstract This work is about the fundamental questions of law, judges, society, and liberal democracy from theoretical social perspective. This study is mainly from the fields of state science and political philosophy. Due to the complexity of the topic, I decided to devote the first chapter to the philosophical starting points. The second and third chapters deal with the role of the courts as political actors. To a large extent, I deal with the criticism of this phenomenon. Important sections are those on the essence of democracy, policies and the role of experts in the process of governance. Equally important is the critical view of human rights inflation in modern societies. In the last chapter, I focus on the various forms of doctrine of judicial restraint, which I see as a realistic solution to the outlined problems. Frequently, the argumentation for criticizing the Judicial Restraint is the creation of a cartoons and its subsequent majestic defeat. I think that this approach is not fair, because in my opinion the judicial restraint can be debated objectively without prejudices and without a priori rejection. Meaningful division of roles in the state is as important as the division of power. The division of power is...
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The organization of judiciary in Austria in the second half of the 19th century
Šalak, Boris ; Kindl, Vladimír (referee)
The organization of judiciary in Austria in the second half of the 19th century The main aim of this thesis is a description of the organization of the judiciary in Austria (Cisleithania) in the second half of the 19th century and its position in the broader European context. The revolution of 1848 dramatically affected the organization of the judiciary. In 1850 in some territories of the monarchy a new system of ordinary courts was activated which replaced the old system of pre-March. The new system was fully put under state control and separated from the administration at all levels. Despite the fact that this new structure was notably changed in the next half-century, the basic principles of the organization (with certain exception of the years 1855 to 1867) have not changed much. Other milestones in the development are the years 1854/1855 (the so-called Bach reorganization of the judiciary), the years 1867/1868 (the adoption of the December Constitution and application of certain principles contained therein), the years 1873/1874 (the adoption of the new Criminal Procedure Code and the beginning of its efficiency) and finally the years 1895-1898, when the reform of civil procedure and judicial organization took place. Austrian judicial system in the form it had assumed at the beginning of the last...
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