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The Applications by a Court from the Legally-Sociological Perspective
Kučerová, Pavla ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee) ; Šejvl, Michal (referee)
JUDr. Pavla Kučerová Aplikace práva soudem z právně-sociologické perspektivy Résumé The thesis - The Applications by a Court from the Legally- Sociological Perspective -deals partly with an individual who applies law within the frame of justice, partly with justice as such. An individual who lives and works within such a complicated organisation as modern justice appears to be, is influenced by the organization, and so his work is influenced - thereby the application of law itself. Various judicial systems as they have been developed over the years, aim at the same targets in the rough. However, they choose different means for target achievement. The position of judges in meritocratic and career justice is also different. The differences can be seen in the way judge candidates are chosen, in what way judges are appointed and in the posibility to remove judges from their office. Two different systems have been analysed in detail - the US federal judicial system as an example of meritocratic justice and the Czech judicial system as a typical example of career justice. Regarding the USA, there is a mention of judicial elections that do not refer to the federal judicial system and seem to be a domain only in several US states. The elections are considered to be such a unique way of judge appointment so that is...
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What Can Tell us the History of Bills of Rights?
Šejvl, Michal
In his text, the author focused mainly on historical bills of rights, particularly on English Magna Carta of 1215 and the Bill of Rights of 1689, American Bill of Rights of 1791 and French Declaration of the Rights of Man and the Citizen of 1789. The author paid attention to a remarkable feature of these bills, i.e. the fact that they had not been applied in practice for a long time.
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State as an Authoritarian Insurace Company?
Šejvl, Michal
The metamorphoses in law in the last twenty years are related to the issue of the transformation of the role of the state. In his contribution, the author deals with the role of the state from a more general point of view, i.e. he views the state as an authoritarian insurance company.
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Legal argumentation of the European Court of Justice
Šejvl, Michal
the article endeavours to fathom the rationality of argumentation of the European Court of Justice. The authors investigates the methods of analyzing the argumentation and endeavours to find typical procedures of argumentation applied, in the author´s opinion, by the Court. His deliberations are based on the author´s personal experience with the argumentation of the Court.
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