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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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Liberal Theories of the Resolution of Conflicts between Human Rights
Broz, Jan ; Kysela, Jan (advisor) ; Ondřejek, Pavel (referee) ; Hapla, Martin (referee)
Liberal Theories of the Resolution of Conflicts between Human Rights This dissertation is based on two factual assumptions: (i) The existence of conflicts between human rights, which is determined by both the competitive pluralism of human rights and the existence of effective judicial mechanisms articulating the existence of these conflicts. (ii) The existence of a deep interrelationship between the concept of human rights and the concept of liberalism, which influences both structural and substantive aspects of human rights practice. Building on the assumptions just outlined, the aim of this paper is to analyse different ways of practical reasoning about the resolution of human rights conflicts in relation to the liberal human rights ethos. The first two chapters provide the basic conceptual framework relating to the two core concepts of this thesis. The first chapter, devoted to models and theories of rights, introduces Hohfeld's model of the analysis of rights as the most effective way of capturing the two competing theories of rights, namely will (choice) and interest (benefit) theory of rights. The use of Hohfeld's model shows that it is intuitively appropriate to understand the accepted concept of liberty as so-called bilateral liberty.At the same time, the analysis of the two competing...
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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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