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Ethical rules of conduct of judges in the Czech Republic
Bajzíková, Veronika ; Urban, Michal (advisor) ; Ondřejková, Jana (referee)
Ethical rules of conduct of judges in the Czech Republic This master thesis deals with ethical rules of conduct of judges in the Czech Republic. I chose the topic because in this area there is lack of scientific literature given to the topic of professional ethics in general and even less literature directly addressing the professional ethics of judges. The main objective of this thesis is to provide the most comprehensive picture of the professional ethics of judges in the Czech Republic and the resources on which it puts. The topic is brought to the reader within five chapters. The first chapter introduces the reader to the topic of ethics and its relation with morality and law and brings the view from the perspective of philosophy and legal theory. The second chapter deals with professional ethics and professional ethical codes, presents to the reader what the professional ethical code should be like. The content of the third chapter is in the first place to introduce the reader to the character and personality of the judge, his status in the legal system and, above all, the analysis of the professional ethics of judges. This chapter is the core of the work and in the analysis of various aspects of professional ethics draws on information acquired in the previous chapters. The main basis for this chapter...
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Representatives and the represented: trust vs. alienation
Přibyl, Daniel ; Kysela, Jan (advisor) ; Urban, Michal (referee)
These days are western democracies in serious crisis. We could observe this crisis in disconnection societal topics, not only, but especially political, from the citizens, who are affected with these topics the most. The citizens are becoming apathetic; they have no interest file their energy beyond their own private and professional life. This situation could develop in two directions. The first way means conservation of current state, status quo, and it leads to not so happy future. Or another way change of course happens and the interest in public life will be activating in the citizens. And I believe in the second possibility. However, there is lot to do, to revise many aspects of public life, e.g. political parties, funding to these parties, institute of representation and how community perceive it, or elections, the way legitimation.
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The impact of media on judicial determination in cases of traffic crimes
Klouda, Petr ; Urban, Michal (advisor) ; Ondřejková, Jana (referee)
Media influence over court rulings in traffic crime cases The aim of this thesis is to analyze the way media report about traffic crimes and provide a comparison between cases that attracted media attention and cases that didn't. The author investigates the possibility that courts are influenced in thein decision making by the general public, the opinion of which is shaped mostly by mass media outlets which unfortunately often release speculations as proven facts. To demonstrate the possibility of media influence to the reader, the author compares similar cases and shows how different the court ruling was when the case wasn't a subject of attention of mass media. Part of this analysis consists of a letter to the judge who presided over one of such cases, the incident on D1 motorway in 2010. The conclusion is that there's potential for such influence, but it's impossible to be absolutely certain that it already exists. The threat of such influence will, however, grow over time as new technologies are introduced, that make it very easy to spread information and consume it. In a newly forming information society, the ability to influence anything ranging from minor court battles to elections is considerably increased and poses a potential threat to the impartiality of courts, which is vital to a modern...
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Interception - a public issue? Publishing the records of police in mass media
Janoušek, Milan ; Urban, Michal (advisor) ; Agha, Petr (referee)
The focus of my thesis is the issue of publishing police wiretaps in mass media. The work is divided into four parts. The first part deals with the role of mass media in today's society and its influence on politics and democracy. All of which from a media studies point of view. It also focuses on infotainment as I consider publishing wiretaps as one of the most significant manifestation of this growing trend. The second part explores mass media from a legal point of view. It describes the current state of media legislation and self-regulation. Basic terminology and the rights and responsibilities of journalists are defined in the chapter. Using the test of proportionality, it explains how courts decide when the freedom of expression and the right to privacy collide. Decisions of the Czech Constitutional Court and the European Court of Human Rights are frequently cited in the work for a better understading of the issue. The third part is an analysis of various aspects of police wiretapping pursuant to the Criminal Procedure Code. Apart from legislation, it describes the practical aspects of wiretaps handling. File leak prevention is also discussed in the chapter. The fourth, yet the most original, part of the thesis is an analysis of two cases where wiretaps were published without consent during the...
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Enforcement of maintenance collection in regard of efficiency of the functioning of law in a society
Obrová, Klára ; Urban, Michal (advisor) ; Mucha, Ivan (referee)
This dissertation thesis "Enforcement of maintenance collection in regard of efficiency of the functioning of law in a society", deals with the term of the law impact efficiency in the society and its practical effect on the institute of prosecution of a maintenance collection, focused on maintenance collection for minor children. The dissertation aims to analyze the process of the enforcement of the maintenance and to examine its efficiency. This dissertation is elaborated mainly on the basis of the Czech academic literature, the newly amended laws, the reliable printed and online sources and the germane court's interpretations. The dissertation consists of three chapters, which are further divided into subchapters. The first chapter provides description of the institute of the maintenance from the Czech operative law point of view. The second chapter deals with the problem of the law impact efficiency itself in the society. It defines the theme itself and describes its main barriers in regard of the institute of the maintenance. The third chapter examines the problem of the efficiency of the enforcement of a maintenance collection. The conclusion of the dissertation summarizes ascertained knowledge and examines the efficiency of the enforcement of a maintenance collection.
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Dollfuss and Schuschnigg,s Austria - case study of authoritarian regime
Lisý, Marek ; Kysela, Jan (advisor) ; Urban, Michal (referee)
The aim of this thesis is to analyze the authoritarian regime in Austria in the period between the two world wars. This thesis consists of three chapters. The first is the theoretical basis of this work, as I present the various concepts of authoritarian and totalitarian regime. The second chapter then follows the developments in Austria since the end of World War II until the fall of democracy. The focus of this work is the third and final chapter, which analyzes the authoritarian regime between the years 1933-1938. Based on the information provided I am giving an answer to the question what was the specific character of the Austrian regime for government of Chancellor Dollfuss and Schuschnigg, and why there was a fall of democracy in the conclusion.
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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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Civil disobedience in democratic and non-democratic countries
Karasová, Karolína ; Kysela, Jan (advisor) ; Urban, Michal (referee)
Resumé in English In the first chapter, author of the thesis focused on history and creation of the term "civil disobedience" Second chapter was focused on different views on what term civil disobedience actually means and how some of the famous legal theorethics as John Rawls, Hannah Arendt and Ronald Dworkin understand it. In the third chapter, there was specification of the term civil disobedience in all its theorethical aspects in context of polemics with all the different views in previous chapter. Fourth chapter was focused on civil disobedience in democracy and its role, specifics arising from the nature of democracy. In the fifth chapter autor was focused on specifics and nature of civil disobedience in non-democratic states together with mentioning a few examples from history. Sixth chapter compared effects and mutual influence of violent or non-violent civil disobedience and its effectivity. In the seventh chapter, author described in more detail one of the examples of civil disobedience in the Czech Republic which was decided by court, for describing how the process works in real life situations.
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RELATIONSHIP BETWEEN LAW AND MORALITY IN LEGAL FILM
Krušinská, Jana ; Urban, Michal (advisor) ; Friedel, Tomáš (referee)
RELATIONSHIP BETWEEN LAW AND MORALITY IN LEGAL FILMS Abstract This diploma thesis entitled "The relationship between law and morality in legal films" deals with an unusual topic written by a law student. However, legal films are being used by some teachers at law faculties to make the teaching of law more attractive. Films can also help them bring the law closer to the young generation. In this diploma thesis, law, morality and their relationship, which in filmography is most often reflected in characters of film lawyers, are viewed through legal films. The author focuses not only on how the relationship between law and morality is portrayed in legal films, but especially on how it is presented in the political and historical context of our country. Therefore, the diploma thesis is subtitled "Selected Czech and Czechoslovak legal films in the shadow of the history of our country from the 50s' of the 20th century to the present." In the first chapter, the author introduces the term "legal film" and its division into individual groups. The author also explains their meaning. The second chapter briefly discusses the concept of "law" and "morality" and how their relationship can look like not limited to legal films. The third chapter is devoted to the main characters of legal films, lawyers and their morals,...
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Legal aspects of New Religious Movements in the Czech Republic
Kadlecová, Marcela ; Urban, Michal (advisor) ; Kosek, Jan (referee)
1 Název diplomové práce v anglickém jazyce, abstrakt v anglickém jazyce a tři klíčová slova v anglickém jazyce Legal aspects of New Religious Movements in the Czech Republic Abstract The main purpose of this master's thesis is a critical analysis of Czech legislation of New Religious Movements. This thesis should describe a legal relationship between New Religious Movements and Czech legal order. This thesis focuses on the topic while studying public and private law's aspects. It also focuses on sociological considerations. New Religious Movements are a necessary part of a religious development of every society. There is a lot of different religious movements. Therefore, it is especially challenging to make legislation related to them. The legislator should consider religion a private part of everyone's life. Act No. 3/2002 Coll., which is the most important piece of legislation for New Religious Movements, does not distinguish terminologically between New Religious Movements and the traditional churches. A long tradition in the Czech Republic and a lot of members have for example Seventh-day Adventist Church, Jehovah's Witnesses and The Church of Jesus Christ of Latter-day Saints. Being a member of a New Religious Movement can particularly affect man's life. Conflicts between New Religious Movements and...
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