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The Trust in law within the case law of the Constitutional Court of the Czech Republic
Huňová, Veronika ; Urban, Michal (advisor) ; Friedel, Tomáš (referee)
The Trust in law within the case law of the Constitutional Court of the Czech Republic Abstract The main topic of the diploma thesis is an attitude of the Constitutional Court of the Czech Republic towards the principle of trust in law presented in its case law. The thesis is stratified into three major sections. The first part is focused on the Constitutional Court as one of the fundamental constitutional institutions - in the beginning of the thesis highlights its substance and explains why it's case law is worth studying in detail. Considering the main topic, some aspects described in this first part are analyzed through the optics of trust or credibility. Firstly, the significance of constitutionality protection and the history of constitutional judiciary are studied shortly. Further, this part inspects the position of the Constitutional Court within our constitutional system. Also, the relationship between the Constitutional Court and general courts is studied and separate chapter is dedicated to the legislation of the Constitutional Court's executive mechanisms. Moreover, the problematics of case law as a theoretical concept and controversial questions which are regarding the case law analysed in the literature are mentioned. The first part is concluded by investigating the criticized aspects of...
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Independence and Impartiality of Judges: Political Party, Church and Religious Society Membership
Šikel, Lukáš ; Friedel, Tomáš (advisor) ; Kosek, Jan (referee)
In the presented thesis the author analyses the possible influence of the membership of judges in political parties, churches, and religious societies, on independence and impartiality. On one side, there stands a political orientation and expression of political opinions, which is quite significantly repressed in the Czech Republic for all the judges. On top, the draft of the amendment of the Courts and Judges Act presently discussed in the Parliament includes a prohibition of membership of judges in political parties. On the other side, there stands a religious belief and a membership of a judge in a church and in a religious society that does not raise nearly any doubts about judges' independence and impartiality. That is why the author has decided to analyze both of the memberships together in the presented thesis and compare them to each other. The thesis itself is systematically written in eight parts which are divided into chapters and subchapters. In the beginning, the reader is introduced to the basic terms - independence and impartiality of judges. Then the author continues presenting rules of judicial ethics that aim to upheld independence and impartiality. Consequently, the author analyses the influence of political orientation and religious belief on judges' decision making. Generally...
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Gender and Law
Vodňanská, Eva ; Agha, Petr (advisor) ; Friedel, Tomáš (referee)
Gender and Law Abstract This diploma thesis is concerned with the relationship of gender and law. It uses the example of unequal pay to analyze both lasting gender structures which exist within our society and their reflection in legislation. Firstly it addresses the equal pay regulation within the current Labour Code and its provisions and attempts to discover social and cultural phenomena which permanently maintain and sustain pay inequality, despite the supposed equality guaranteed by the legislation. It offers a critical look at the legislation in view of its insufficient real effect on extra-legal reality. Finally it analyzes the whole problem through the eye of feminist legal theory and tries to find alternative means of regulating gender equality. This thesis then firstly describes the approach to pay equality adopted by legislation, with its advantages and disadvantages, and the government gender policy which covers each of these regulations. The second part of the thesis deals with the statistical data pertaining to unequal pay and analyzes societal causes of persisting unequality such as segregation of the labour market or employee discrimination. The final part of this thesis addresses the development of feminist legal theory, its leading thoughts and ideological disputes and its strategies for...
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The Legal Literacy of the High School students / students of University
Uličný, Ondřej ; Urban, Michal (advisor) ; Friedel, Tomáš (referee)
This thesis focuses on the topic of development of legal literacy of secondary school students, specifically students of so-called "gymnasiums" (academically oriented secondary schools in the Czech Republic) in particular. The thesis is based on the presumption that the students perceive law as a system which is incomprehensible, reminiscent of a foreign city that is simple to get lost in. In this context, the thesis addresses the issue of a skill of orientation in law as an element of the spectrum of knowledge, skills and attitudes forming the legal literacy of every student. It aims to find a method suitable for teaching law at gymnasiums that would be able to develop this skill of orientation in law for the purpose of overcoming the difficulties in understanding, caused for the most part by the ever changing legal landscape and specificity of the language of law. Moreover, this thesis regards the skill of orientation in law as the means to facilitate the acquisition of further knowledge of law, an element of the legal literacy. The solution of the lack of the skill of orientation in law among secondary school students, may be found, in the opinion of the author of this thesis, in the field of principles of law. These principles may be used as an instrument creating the system of law that may be...
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Problem based learning: Legal Education for the 21th Century
Klačko, Sára ; Urban, Michal (advisor) ; Friedel, Tomáš (referee)
Problem-based Learning: Legal Education for the 21th Century Abstract The ever-faster changing modern society results in dynamic transformation of law. Some phenomena as use of technology, liberalization of legal services or globalization of market shapes the reality of legal profession in unprecedented way. Such a turbulent process challenges law schools struggling to prepare students for the future of legal profession. As functioning democracy and the rule of law depends significantly on the work of legal professions (as judges, legislators, solicitors or human-rights lawyers) there is a concern of the whole society in the quality of legal education. However, as a result of change, tasks, skills and knowledge required from the graduates now can significantly differ from what is expected in the future. Therefore, it is argued the skills as adaptability, independence and ability to learn are becoming the crucial competencies to develop among students. Once acknowledged by the law schools there is still a question to be discussed: How? The text examines problem-based Learning as possibly a more effective tool to prepare students for the uncertain future of legal professionals opposing the traditional approach to legal education. Problem- based Learning as other educational approaches based on constructivism...
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Reforming Legal education in the Czech Republic
Blažek, Zdeněk ; Urban, Michal (advisor) ; Friedel, Tomáš (referee)
Reforming legal education in the Czech Republic Abstract Under the influence of globalisation, European integration and digitalisation, knowledge and skills required for performance of legal professions change dramatically. In order to remain relevant Czech law schools have to adapt to this new environment. Presented thesis is comparing legal studies at the Charles University Faculty of Law (CUFL) and University of Utrecht. The aim is to identify state-of-the-art features of the Dutch educational model which could be implemented at CUFL. Comparison concerns main components of educational process (admission, teaching, examination) but also structure of the programs and curriculum. Findings are presented in wider societal context. Although there are notable differences at the level of educational system (admission, university governance) or national educational policy (funding), a number of findings could be applied in the Czech Republic. Compared to the Dutch study program, CUFL is lacking deeper connection between individual educational elements. Specific educational goals have to be set. These goals should be derived from three main components of legal education - knowledge, skills, and values. General educational goals then have to be represented in goals set for particular courses. In order to improve...
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Legal Design
Kuk, Michal ; Urban, Michal (advisor) ; Friedel, Tomáš (referee)
- j - Legal Design Abstract Legal world found itself in a situation when it is forced by rising demand and new tech- nologies to seek new ways to practice law. It is not sufficient anymore to simply provide bare legal services without acknowledging context and users' actual needs. Some degree of automatization and cost cutting of basic legal work has found its way into the legal practice. In accordance with trends about transparency and publicity of state administration, raises also demand to make law more affordable. Legal world was able to resist changes for a long time due to the lawyers' lack of motivation to do so and clients' ignorance of possibilities base on their lack of legal understanding. However, the situation is starting to change as can be seen on rising numbers of legal innovation start-ups. There are many possible solutions to these new challenges, and one of them is Legal De- sign. This discipline tries to implement design methodology into legal services with the goal of creating valuable innovations. Fundamental is human or user-centered approach in order to provide solutions that better suites them. For example, it aims to develop contract from ex post problem solving tool, into relationship building tool. Also for judicial system to not only decide disputes, but also strengthen sense of...
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Image of Lawyers in movies
Panáček, Vojtěch ; Urban, Michal (advisor) ; Friedel, Tomáš (referee)
Image of lawyers in movies - Abstract This thesis focuses on selected legal (revolving around a legal issue or procedure) and lawyer (includes a well-established character who is a member of the legal profession) movies, that grabbed my attention and were interesting enough for me to write a short analysis of. The aim of this paper is to present these movies to the reader in two stages. First in the table, that contains their lucid list marking the branch of law which they relate to, brief summary of their plot, how realistic they are, quality assessment and country of origin. This is supposed to be used during selection of a movie to watch, so I strive to remain as objective as possible in the quality assessment and offer a summary, that does not diminish the viewing experience. Second in the analysis, that is focused on the legal side of the story and the characters of presented lawyers, who are being evaluated upon the logic and morality of their actions as well as how plausible their character is and other features. I deliberately omit storylines that are not essential to understanding the story as a whole and have little relevance to the legal side of it. In the third chapter I divide the movies in two categories: lawyer movies and legal movies, compare them together and try to present a more complex...
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To Be a Lawyer - Theory and Practice of Professional Ethics of Chosen Legal Professions in the Czech Republic
Friedel, Tomáš ; Kysela, Jan (advisor) ; Maršálek, Pavel (referee) ; Večeřa, Miloš (referee)
The dissertation thesis To Be a Lawyer - Theory and Practice of Professional Ethics of Chosen Legal Professions in the Czech Republic aims to strengthen (currently rather weak) discussion about professional ethics in the Czech Republic. The first part introduces elemental terminology of the topic which enables easier understanding of second and third part. The second part is devoted to the presentation of results of researches regarding the analysis of judgements issued by Czech disciplinary authorities on judges', state attorneys' and lawyers' discipline. The last part demonstrates how professional ethics scrutiny operates in a real-life situation. A judicial usage of social media serves as an example of such situation (or more precisely of such scrutiny). Arguments for and against the judicial usage of social media are articulated and based in a weighting of the arguments final decision is taken.
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Professional ethics of judges in the Czech Republic
Friedel, Tomáš ; Kysela, Jan (advisor) ; Kosek, Jan (referee)
The purpose of this Master degree thesis is to introduce reader the professional ethics issues of judges in the Czech Republic. The thesis is composed of four chapters. The inner system of thesis was designed in a way that guarantees that level of abstraction falls as the thesis progress continues. In chapter one, there are explained the most abstract terms connected with professional ethics in general as a morality, ethics and law. There is also recognizable attempt to find relationship between mentioned terms. Second chapter, as a whole, is devoted to idea of profession and professional ethics. Text is focused on possible modification of relationship between ethics and professional ethics and it also refers about differences between profession and occupation. Last but not least there are as examples of professional ethics mentioned two "non-judges" professional ethics. In chapter three is described a fact the most regulation of judges conduct in Czech Republic is set down in positive law mainly. In addition of that, in chapter three there is mentioned attempt of judges self regulation in issues of professional ethics, which was realized by independent Czech judge's organization Judges Union of Czech Republic. Scope of the last chapter is used for utilization of knowledge contained in antecedent chapters....
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