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The extent of legal liability of the State for misconduct in the exercise of state powers
Patočka, Vojtěch ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
In the presented work I study the concept of liability of the State for misconduct in the exercise of state powers. The main aim is to show why this concept needs to be different from the one we know from civil law. The legal relationship between the State and an individual is a relationship that differs from the one we know from civil law, given that it is related to the exercise of power. Therefore we have to construct specific legal conditions in order to find the State liable for damages that an individual may suffer in such a relationship. In the first part I question the main function of the State's liability for damages. I show that it has good influence on the administrative bodies in the way that it forces them to follow the law. On the other hand this influence must not be overestimated. In the next part I study the basic elements and conditions of liability. I work with the domestic law as well as with the liability principles formed by the judicial decisions of the EU Court of Justice. I compare both these systems of liability for damages with regard to how they respond to the specific features of the relationship between a State and an individual. Final part of this work tries to explain why different branches of state power should be treated differently. I show on examples what kind...
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Linguistic interpretation of a legal text in philosophical contexts
Švára, Ondřej ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
SUMMARY: Linguistic interpretation of a legal text in philosophical contexts Keywords: philosophy of law, interpretation of law, language interpretation The thesis deals in a broader sense of the word with interpretation of legal texts and in the strict sense of the word with language interpretation itself. At the beginning of my thesis I explain why this is so particularly topical and problematic issue in the contemporary law. The reason is mainly the fact that because of many changes and events the modern law is more complex and extensive than in the past. This naturally leads to the question how to interpret such law. The aim of the thesis was to compare the relationship of law and language in the context of analytical philosophy, which was one of the most influential intellectual movements of the 20th century. The language is a paradigm of many scientific theories nowadays and as such deserves more intention of lawyers. I focused mainly on the role of meaning of words used for interpretation. In particular, I discussed the issue whether a legal term can name a thing. The most important finding of my thesis is the following one: No, things can not be named by meaning of the individual expressions. To prove the theory the thesis also deals with some other philosophical issues. Chapter VIII, for...
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Intercultural foundations of law on the example of a comparison of ownership
Kolín, Ondřej ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee)
Ondřej Kolín Resumé: The name of this thesis could be translated as "Comparison of ownership as an example of Intercultural basis of law. " As you can see it is quite a long name and it needs clarification. During reading Leopold Pospíšil's book Antropology of law I was very surprised of how effective and sophisticated Kapauku Papuan's law of land ownership is. In my first work, that was created as a thesis at Faculty of humanities, Charles University, I compared their system of law with system of law in Czech Republic. What really interested me back then was total clarity of their land law - it has fourteen categories of land and each of them contains not only description of the land itself (i.e. jungle, field, road etc.) but also whole legal regulation concerning the land. It is truly fascinating characteristic and I was wondering whether our law, Czech law, has something similar to that. I have been difficult to compare two totally different systems of law but in the end of the day it turned out that Czech law has indeed some land categories that works similarly. It is a forest in the first place, ponds and rivers, and roads where the function is a bit compromised however. After this discovery I was wondering about the law itself. My question was:"Are there some other similarities between our law and...
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Moral arguments in consideration of courts when applying law
Šimek, Jiří ; Wintr, Jan (advisor) ; Maršálek, Pavel (referee)
This thesis deals with relationship of law and morals from the perspective of a judge applying the law. It starts by defining morals as a normative system which determines what is good and what is bad. Bad morals are punished by social sanction. The relationship of content of morals and law can be described as an intersection. There are three possible relationships of the area of law and morals regarding their respective application: (i) area which should be regulated only by moral rules; (ii) area which should be regulated only by law; and (iii) common area for both normative systems. Morals can penetrate reasoning of a judge applying the law at least in three ways: Firstly, Legislator can order the judge to drag a moral norm into his consideration. Such an order is called boni mores (dobré mravy) in Czech legal system (used in Section 3 or Section 39 of Czech Civil Code). Secondly, the school of phenomenology hermeneutics claims that any interpretation, thus interpretation of law as well, is conditioned by existence of so called pre-structures. We cannot get rid of these structures, they create necessary interpretative frame of interpreting individual. Moral feelings or moral attitudes are parts of these pre-structures. Morals can project to the decision-making of judge knowingly or unknowingly through...
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The principle of social state in political theory and the case-law of the Constitutional Court
Kaloč, Otakar ; Wintr, Jan (advisor) ; Maršálek, Pavel (referee)
1 Abstract The principle of the social state in political theory and the case-law of the Constitutional Court The topic of this work is the phenomenon of the welfare state, social rights and their judicial review performed by the Constitutional Court of the Czech Republic. The aim of this paper is to introduce the welfare state in terms of the theoretical, historical and practical implementation of its goals, whether it is a political reality or the decision making practice of the Constitutional Court, which in turn influences political environment. This work is based on theoretical works of political philosophy, findings of constitutional law and the jurisprudence of the Constitutional Court. The thesis points out the different understanding of the social question in basic political theories such as liberalism, socialism or feminism. The historical part of this work comprises of the description of the development of social issues in countries such as the United Kingdom and the USA. It is evident that this was a long-term process beginning in the early seventeenth century and continuing to the period of its greatest expansion after World War II. This work also mentions some aspects of poverty. Another important part is the introduction to the theory of typologies of different "regimes" and types of welfare...
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Conscientious objection in European law
Dušek, Petr ; Scheu, Harald Christian (advisor) ; Wintr, Jan (referee)
This thesis is aimed on the social phenomenon of conscientious objection, its theoretical perception as a legal concept and application in the real world, in particular by the supranational protection of human rights in the European area. Priority concern will be given to the transposition of the general assessments to the special "habitat" of EU law. The basis of the study is built on an analysis of definitions and categories refined by the doctrine and reinforced by the roots of natural law, both of which also serve to determine the methodology and legal perception of conscientious objection. A short study of the Czech law then follows to "pump the theory in legal veins". Large part of the thesis addresses the case law adopted by the European Court of Human Rights which serves as an inspiration and authority for the Union and its Member States. Abstracting the main trends in ECtHR reasoning the thesis draws basic limits laid down by the international protection. It also concludes that the Convention (ECHR) does not preclude developing its own pro or contra- objection approach by the EU institutions. It is, however, supposed to have a great impact on the Unions' legal "technique" in the field of the freedom of thought, conscience and religion. In the context of EU law the special nature of the...
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The Political Culture of the Presidential Elections in the Czech Republic
Černá, Vladimíra ; Znoj, Milan (advisor) ; Wintr, Jan (referee)
This thesis deals with the political culture of the presidential elections in the Czech Republic. Its main aim is to compare the state of the political culture in 1993 and 2008 in the Czech Republic in connection with the presidential elections. The study employs analytical and comparative methods. The thesis tests the validity of the hypothesis that the civil maturity of the politicians grows with the duration of the democracy.
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Politics and legislation. Czech Parliamentary Culture 1993 - 2010
Wintr, Jan ; Znoj, Milan (advisor) ; Kysela, Jan (referee) ; Znoj, Milan (referee)
S u m m a r y The study is focused on the real activity of the Parliament of the Czech Republic since the establishment of the Czech Republic in the year 1993. Central idea of parliamentary culture describes rules, customs, manners a behavior, which are typical for a particular Parliament. Two ideal types are introduced by this study: regulated and improvised parliamentary culture. For the first one is typical the direction of parliamentary activity: agreements between parliamentary groups over the course of the session and the debate, a strong role of the Speaker or parliament presidium, an attractive debate with changing speakers for and against, a possibility of a interrupting questions (Zwischenfrage), but also a dominance of frontbenchers. Model cases are the House of Commons of the United Kingdom and the Bundestag. On the other hand an improvised parliamentary culture is more free and chaotic, the daily agenda is often result of a force vote and always can be changed, the order of speakers depends only on order of applications, it can not be voted for the end of debate, it is not allowed to interrupt the Speaker with questions and the factual possition of the Speaker is rather weak. All this is typical for the Chamber of Deputies of the Parliament of the Czech Republic. These considerations are the...
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