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The possibility of using law and economics as a tool for application and interpretation in the field of right to privacy and peronality rights
Monček, Vladimír ; Wintr, Jan (advisor) ; Ondřejek, Pavel (referee)
The possibility of using law & economics as a tool for application and interpretation in the field of right to privacy and personality rights Abstract This thesis is focused on the area of economic analysis of law (law & economics) and it is based on an assumption that law & economics is a suitable addition to other methods of interpretation, especially as a part of purposive interpretation. We apply economic analysis to the field of privacy and personality rights, especially intrusion into privacy by libel, or slander. In other words, we use law & economics to help solve conflict between privacy rights and free speech rights. The thesis has six main parts. In introduction (part 1) we discuss reasons for the choice of this topic and formulate hypothesis, which is: (i) that law & economics can help distinguish which situations are covered by privacy rights protections, (ii) that using law & economics one can valuate privacy and therefore estimate damages for infringement of privacy rights and (iii) law & economics is capable of estimating pecuniary damages for infringement of personality rights. In the second part we focus on history of privacy rights in the United States from its humble beginnings in an academic paper by Samuel Warren and Louis Brandeis to its modern iterations, such as reproductive rights...
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Anti-establishment Parties: Threat to Democracy or Chance to its New Equilibrium?
Červinka, Lukáš Lev ; Wintr, Jan (advisor) ; Přibáň, Jiří (referee) ; Pin, Andrea (referee)
(English) Anti-Establishment Parties: Threat to Democracy or Chance for Its New Equilibrium? The thesis focuses on the anti-establishment parties from the perspective of constitutional theory, also considering the sociological theoretical approaches of Niklas Luhmann, Charles Taylor, and Benedict Anderson. The primary purpose of the work is to explore how the establishment, as an empirical contextualisation of democracy and structural coupling between the state and the people, might be conceptualised and what role the political parties play in it. First, the thesis proposes a theoretical conceptualisation of establishment as a structural coupling between the constitutional identity of state and the popular identity of the political people. Both the state and the political people are understood as autopoietic organisational systems defined by their constitutional / popular imaginaries, which are articulated by their organisational structures. The work adapts the integrative theory of Rudolf Smend in the understanding of the organisational structure as a system of personal, procedural, and value elements. The role of the parliamentary parties is analysed through the examination of their legislative activity in parliament, using the holistic grading method to determine the anti-establishment rate of...
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Teaching Ethics at Law Schools
Roháček, Petr ; Wintr, Jan (advisor) ; Maršálek, Pavel (referee)
Název diplomové práce, abstrakt a 3 klíčová slova v anglickém jazyce Teaching Ethics at Law Schools The thesis focuses on the importance and need for teaching ethics at law schools. The basic thesis of this text is that ethics should be one of the most important subjects in law schools. To support this thesis, three key questions are explored: why teach ethics in law schools, what to teach in teaching ethics, and how exactly to teach ethics. The thesis employs an analysis of psychological studies, a search of relevant literature, particularly foreign sources, and, in places, a comparative analysis of the state of ethics teaching in the United States with the state of ethics teaching in the Czech Republic. As a result, the basic thesis is defended and a general frame of reference is provided that can be used for the further evolution of legal education. The thesis also opens the space for further discussion on the necessity of changes in the education of future lawyers and offers a direction in which this teaching could be directed, including the integration of modern didactic methods. The thesis is structured in such a way that it proceeds in an explanatory way from the abstract to the concrete. At the same time, each chapter lays the foundation for understanding the next. In the first chapter, the thesis...
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Application of municipal and regional legislation in ligt of their right to self-government
Ševčík, Jakub ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
57 Aplikace právních předpisů obcí a krajů ve světle práva na jejich samosprávu Abstrakt: Tématem práce jsou podzákonné právní předpisy vydávané územními samosprávnými celky a především otázka jejich aplikace. Obecné soudy jsou dle článku 95 Ústavy oprávněny samy posoudit soulad podzákonného předpisu se zákonem. Autor se v práci zabývá otázkou, jak mají postupovat správní orgány, pokud se dostanou do obdobné situace. Autor v práci shrnuje dosavadní diskusi k vázanosti správního orgánu podzákonnými právními předpisy a rozšiřuje ji o úvahy ve vztahu k podzákonným právním předpisům, které vydávají územní samosprávy. Dochází k závěru, že Čl. 95 odst. 1 Ústavy je třeba vykládat tak, že shledá-li správní orgán, že je k tomu oprávněn, smí při vydání rozhodnutí neaplikovat podzákonný právní předpis územně samosprávného celku. Je zohledněn mezinárodněprávní dopad, především dopad do práva Evropské unie. Autor položenou otázku poměřuje s judikaturou Nejvyššího správního soudu, dle které je správní orgán povinen při své činnosti posuzovat soulad vnitrostátního práva, které aplikuje, s právem Evropské unie. A dále rozvádí úvahy, jaké má tato judikatura dopady na řešené téma. V neposlední řadě jsou v práci nastíněny úvahy de lege ferenda, jak se vypořádat se situací, ve které by stát způsobil a následně uhradil škodu...
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Theoretical and Legal Analysis of Lay Element in Judiciary
Lajsek, Vladimír ; Wintr, Jan (advisor) ; Hapla, Martin (referee) ; Ondřejková, Jana (referee)
Theoretical and Legal Analysis of Lay Element in Judiciary Abstract This work is dealing with the lay element in judiciary. The main emphasis in laid on the institute of lay judges in the Czech legal order. The main goal of the work is to answer the questions whether the lay element in judiciary is still a democratizing component, further if there are fulfilled enough the constitutional conditions of an independent, impartial and statutory judge principle in case of lay judges, whether the democratic or the expert legitimacy may prevail and at last, if the lay element should be preserved in the Czech legal order. In the first chapter, there is described a historical development of the lay element in judiciary. In modern times, it has appeared firstly in the form of jury courts in the Czech lands, more precisely in the Austrian monarchy, after the revolutionary year 1848. Its functioning is illustrated on two famous cases, which were the process with K. H. Borovský and with Leopold Hilsner. On the one hand, these cases show the advantage of participation of lay people into judiciary, as it can serve as correction of the state's despotism. On the other hand, there should come to wrong decisions in the consequence of an easy suggestibility of the public. At the age of the so called First Czechoslovak Republic,...
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The limits between interpretation and judicial development of the law
Koželuha, Patrik ; Wintr, Jan (advisor) ; Tryzna, Jan (referee) ; Hlouch, Lukáš (referee)
The limits between interpretation and judicial development of the law The thesis deals with the issue of the limits between interpretation and the judicial development of the law, especially in relation to the limits that the interpreter must respect when considering whether to proceed to the (judicial) development of the law in a specific case, and further in relation to the identification of risks that in connection with this procedure may arise. The thesis focuses mainly on questions related to the limits of the development of law. The reason is the following: while questions related to the interpretation of law constantly attract the attention of legal theorists, much fewer works are devoted to the questions related to (judicial) development of law. The aim of this thesis is thus (i) to show where the limits of the interpretation of the legal text end, (ii) to identify for which specific cases these limits will also represent the final boundary for their solution, and (iii) if this is not the case, to finally define further limitations and conditions of procedure for those cases where the (judicial) development of the law may be considered. The subject-matter of the research in this thesis is thus to find the limits between the cases when the interpreter interprets, to distinguish them from the cases...
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Limits of restrictions on fundamental rights and freedoms in connection with vaccination against covid-19
Studničková, Alena ; Wintr, Jan (advisor) ; Kindlová, Miluše (referee)
Limits of restrictions on fundamental rights and freedoms in connection with vaccination against covid-19 The thesis deals with the limits of restrictions on fundamental rights and freedoms in connection with vaccination against the covid-19 disease. Its goal is, firstly, to assess the compliance of the introduction of mandatory vaccination against covid-19 in the Czech Republic with the constitutional order, or to define the conditions that the legislation would have to meet in order to be considered constitutionally compliant, and secondly, to evaluate the legality of extraordinary measures issued for the purpose to get rid of the covid-19 epidemic. The text contains an outline of the legal regulation of compulsory vaccination in the Czech Republic, supplemented by an analysis of the relevant jurisprudence of the Constitutional Court, which is followed by a description of the regulation of the introduction of compulsory vaccination against the covid-19 disease in December 2022 and an evaluation of its constitutionality at the time of publication and at the time of completion of the work from the author's point of view. The next part is devoted to extraordinary measures related to vaccination against the covid-19 disease in the field of labour relations, education and services, where the emphasis...
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Deficits of contemporary law-making in Czech Republic
Crha, Miroslav ; Wintr, Jan (referee)
The deficits of conteporary law-making in the Czech Republic Keywords: legislative process, Parliament, legisprudence Abstract: The thesis concerns contemporary law-making process in the Czech Republic in an effort to identify its weak spots, which can lead to low-quality laws being created and passed. Rating the quality of legislative process is considered by the author to be impossible without a proper philosophical and theoretical basis. Such basis is found in the theory of legisprudence, which was conceived by L. Wintgens. Legisprudence is a theory of rational law-making and it presents itself as an alternative to mainstream jurisprudence that is focused mainly on interpreting law. In accordance with legisprudence, the legitimacy of law is dependent on bringing positive outcomes compared to a situation of absence of law. Philosophically, legisprudence is based on social contract as a mandate for the lawmaker to pass laws that only minimally encroach on freedoms. Principles of legisprudence and the requirements on lawmakers that it formulates, are applied on specific parts of the law-making process in Czech Republic. Specifically, administrative procedure of legislative drafting, legislative technique, explanatory memoranda, regulatory impact assessment, and parliamentary procedure are examined. These...
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Theories of Judicial Decision-Making confronted the Functioning of Czech Courts
Blažková, Kristina ; Kysela, Jan (advisor) ; Wintr, Jan (referee) ; Šimíček, Vojtěch (referee)
Theories of Judicial Decision-Making confronted the Functioning of Czech Courts Abstract Judicial decision-making in hard cases is not a rationalisation which legitimates a choice made based on non-legal grounds, but a relatively predictable, determined and just process which draws legitimacy from the rationality of legal thinking and is significantly influenced by the judge's effort to make the best decision possible considering his conception of law and general training. Based on this proposition the dissertation thesis explores the effect of the judge's conception of law and his judicial function on his legal argumentation and his decision-making in hard cases. The main concept the thesis thus being the judicial philosophy. The dissertation thesis firstly analyses the concept theoretically and subsequently tests the theory on real judicial practice. The hypothesis is that judges of apex courts have different judicial philosophies and that their opposing views on grounds of law and their judicial function exhibits itself in their decision-making in hard cases. The disagreement between judges may be characterised as reasonable disagreement. In situations of reasonable disagreement, the opposing parties are incapable of reaching a compromise despite perfectly sound and grounded positions and mutual effort...
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Position of the Senate in the Constitutional System of the Czech Republic
Fuksová, Veronika ; Wintr, Jan (advisor) ; Koubek, Jiří (referee)
The bachelor thesis deals with the issue of the Senate's position as one of the chambers of the Parliament of the Czech Republic. The basic question pervading the whole thesis is whether the Senate in the Czech Republic has legitimate position. This question is considered in several connotations, both in comparison with second chambers of other countries and their functions, and in terms of the position of the Czech Senate in its partial powers. The thesis is presented with a brief overview of the evolution of legislative bodies in the period from the First Republic to the early nineties when the formation of the current form of bicameral parliament took place. Other chapters focus on its subsequent development which is marked by the period when the Senate was not established and its functions ensured the Chamber of Deputies. Furthermore, the thesis is focused on issues related to constitutional and legal embodiment of the Senate, the question of the extent and effectiveness of the use of its powers and the thesis deals with critical views too. The conclusion summarizes the results that came from the analysis, answers the research question and determines the possible subsequent development. Key words: the Senate, the Parliament of the Czech republic, constitutional system, tradition, bicameralism, powers
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