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Accessing judicature with electronic sources
Korhoň, Ondřej ; Šisler, Vít (advisor) ; Dombrovská, Michaela (referee)
The purpose of the thesis is the accessibility of electronic sources of judicature in the Czech Republic. The thesis deals with publicly as well as commercially accessible sources. The publicly accessible sources are represented by NALUS which is administered by the Constitutional court, the retrieval system of The Supreme Court of the Czech Republic and the retrieval system of The Supreme Administrative Court. The commercially accessible sources are represented by the Beck online, ASPI and CODEXIS.All the sources taken into account are evaluated by the range of their content, the quality of search engine and user interface.
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Fundamental rights in tax case law of the Constitutional Court
Osborne, Alice ; Vybíral, Roman (advisor) ; Boháč, Radim (referee)
Fundamental rights in tax case law of the Constitutional Court Abstract The thesis deals with the case law of the Czech Constitutional Court where the reason for the judicial review was a claimed infringement of a fundamental right or legal principle. The first part gives a brief description of the background, defining the theoretical and constitutional basis for judicial review of tax regulations and decisions, the relevant fundamental rights, and the methods and standards of review applied by the Constitutional Court, in general and tax case law. The core of the thesis is then an analysis of selected tax cases and Constitutional Court decisions. For each case there is a brief background outlining the circumstances under which a particular law was passed, followed by the analysis itself, and finally a summary of each case in terms of the rights or principles claimed / found to have been infringed and the methods and standards of review applied by the Constitutional Court. The results of the analyses are then summarised and compared against the general points of reference; then common elements of the cases and decisions are identified. The conclusion of the thesis is that in the cases analysed, the legal regulation in question had not been carefully enough examined from the perspective of its impact on...
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Comparison of constitutional judiciary in the first Czechoslovak Republic and current constitutional judiciary
Jiráková, Gabriela ; Hřebejk, Jiří (advisor) ; Janstová, Kateřina (referee)
Comparison of constitutional judiciary in the first Czechoslovak Republic and current constitutional judiciary The aim of the thesis is a comparative analysis of the constitutional judiciary in the first Czechoslovak Republic and the today's Czech Republic. Each chapter is structured to describe the institution of the Constitutional Court which has been representing the most important protection of constitutional values. The research design of the thesis is explained in the chapter "Methodology". It serves for better orientation and understanding of the diploma thesis. The paper is divided in eight chapters. Introduction describes the basic concepts of the Constitutional Court and the author's hypothesis about the results of the analysis which outline large differences between the two Republics. Following chapters compares the two Constitutional Courts in terms of organizational structure (internal structure, budget, seat), the appointment mechanisms of the judiciary (conditions, process). It also offers the list of powers of the Constitutional Court and it describes the constitutional practices of constitutional judges within each historical period. The work also includes a brief historical summary that discusses the genesis of the idea of constitutional justice and the sources that inspired Czech...
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Proceedings before the Constitutional Court
Svobodová, Žaneta ; Hřebejk, Jiří (referee) ; Suchánek, Radovan (referee)
The subject of this thesis is Constitutional Court proceedings. The Constitutional Court of the Czech Republic and its proceedings are still topical owing to important cases which influence not only the broad public but also the course of events in general. This judicial body responsible for the protection of constitutionalism has made a mark with a number of important cases and judicatives. It has issued a lot of awards which represented a major intervention in our law system. Hence, the judicature of the Constitutional Court becomes a key part of the constitutional practice, and it has started to significantly influence legal practice in general. In my thesis I have focused on the procedural law aspects of proceedings before the Constitutional Court while trying to highlight the significance of this constitutional institution
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Judicial decisions of Constitutional Court of the Czech republic in coverage of ČTK
Hrubý, Dominik ; Trunečková, Ludmila (advisor) ; Šmíd, Milan (referee)
The Constitutional Court of the Czech Republic is one of the most important institutions in the Czech constitutional and political system. However, his agenda isn't attractive at all for the general public and because of that, media have an important role in news reporting about it. It applies especially for the public service media, among whom we could include also the Czech Press Office. The thesis is trying to analyse the news reporting products of CTK related to judicial decisions of the Constitutional Court of the Czech Republic. It uses four particular cases from the relevant research period, which was set to 2010-2015. The thesis also offers theoretical basis for analysis - it describes the role of the Constitutional Court of the Czech Republic and it follows up also the role of press agencies as an information sources.
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Right to a fair trial in the constitutional court's decisions
Vančura, Jan ; Hofmannová, Helena (advisor) ; Řepa, Karel (referee)
- right to a fair trial in the constitutional court's decisions Right to a fair trial is rather an indispensable tool in the whole inventory of law mechanisms, due to the fact, it's being the only option we have, that enables the substantive law to come alive. Furthermore, it really designs the sole environment for the judiciary, thus being one of the essentials of the modern, democratic state, ruled by law. The thesis consists of five parts. Introduction opens with setting of the questions, the thesis is willing to give the answers to. History, being the important part of examined topic, is touched briefly, bringing upon the main points it's got to say to the contemporary fair trial. Law theory, necessary for the understanding of given topic, is also discussed within this section. Next chapter analyses the "outside warranties" of fair trial, meaning the authorities, responsible for taking the actions strictly under the rule of fair trial, namely the court and administration. Reasons are given, why the vast majority of appeals to the court, (mainly the Constitutional court of the Czech Republic) deal with particularities of fair trial being breached, what is their typical fate and why does such occur. The main part gives the "intrinsic warranties", being usually known under the maxims of the fair...
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Participatory rights of the child in case law of the Constitutional Court
Vanýsková, Zuzana ; Hofmannová, Helena (advisor) ; Reschová, Jana (referee)
The topic of the thesis "Participatory rights of the child in case law of the Constitutional Court" is a specific complex of rights guaranteed to the child by the constitutional order of the Czech Republic and international treaties, especially the Convention on the Rights of the Child. The child has been viewed as a particular rights subject only in recent decades when the Constitutional Court rejected the idea of a child being an object of other's decision and granted children the status of a subject and a participant in proceedings. Participatory rights are an important set of children rights and can be summarized as the right to be informed about proceedings, the right to express opinions, the right to be notified about the decision of proceedings. The thesis aims to present children rights of participation from the point of view of constitutional law, to focus on the development of the judiciary of the Constitutional Court, and subsequently to compare it with Czech and foreign literature. The first part of the thesis deals with the theoretical definition of the development of the position of the child from the nineteenth century to the present, the Convention on the Rights of the Child and its principles, as well as general participation rights in international and national law. The thesis...
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Proceedings on the repeal of an Act before the Constitutional Court, with focus on the review of whether the Act was adopted in the constitutionally prescribed procedure
Zlámal, Vít ; Grinc, Jan (advisor) ; Preuss, Ondřej (referee)
Proceedings on the repeal of an Act before the Constitutional Court, with focus on the review of whether the Act was adopted in the constitutionally prescribed procedure Abstract The thesis deals with the judicial control of constitutionality with a specific focus on the review of the constitutionality of the legislative procedure. The first part of the thesis deals with the general definition of the constitutional judiciary, the position of the Constitutional Court in constitutional system of the Czech Republic and the definition of basic concepts that must be unconditionally known for the next parts of the thesis. The first part of the thesis concludes with a reflection on the topic whether the Constitutional Court really maintains its role as a predominantly negative legislator. In the second part, the thesis focuses on the description of the current legislation on court proceedings of the repeal of an Act or its individual provisions. The main topic of the second part of the thesis deals are the special effects of the decisions of the Constitutional Court in this type of proceedings and the question about binding nature of its reasoning. The author describes, for example, the specific effects of these decisions in horizontal relations or their effects on the specific proceedings from which the proposal...
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Do Constitutional Court's rulings bind lower courts? Doctrinal and empirical perspectives
Drápalová, Jana ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee)
Do Constitutional Court's rulings bind lower courts? Doctrinal and empirical perspectives Abstract Czech doctrinal researchers conclude that decisions of the Czech Constitutional Court are - at least in some respect - bind lower courts pro futuro. Although continental legal systems do not officially subscribe to a doctrine of precedent, a quasi-precedential role of the jurisprudence of higher courts is often defended by theorists. However, this theory of quasi-precedent has never been empirically tested in the Czech Republic. This dissertation constitutes a first such attempt as it examines whether courts actually decide in practice according to the jurisprudence of the Czech Constitutional Court. Specifically, it focuses on a guideline decision by the Czech Constitutional Court on parole decisions made in 2018. The guideline decision emphasized that parole decisions - made by courts in the Czech legal system and not by parole boards or committees - constitute a systemic problem since they are poorly reasoned and as a result they are ambiguous and not persuasive. The guideline decision in detail stated what reasons can be used to justify parole decision and how various factors, such as previous convictions, should be interpreted when deciding on parole. This dissertation studies two groups of first-level...
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Constitutional control of legal norms in the Czech republic in Central European context
Půhoný, Ondřej ; Hřebejk, Jiří (referee)
- 1 - ABSTRACT This thesis deals with the issue of constitutional control of legal norms, both in general development in its historical retrospective and then it describes its functioning in the continental and Anglo-American type of legal culture. A separate part is devoted to the historical development in the Czech lands from the beginnings of constitutionality in Austria and Austria-Hungary through its development during the interwar period, repression in the period of non-freedom during World War II and communist totalitarianism after its end, up to its restoration after 1989 and the subsequent dissolution of Czechoslovakia. Another goal of this thesis is a brief description of the current functioning of the constitutional judiciary in the Czech Republic and its comparison with the functioning of the constitutional judicial systems in selected European countries. In conclusion, I focused on the elements of constitutional control on a European scale and on the evaluation of its importance for the legal order and for the protection of human rights and freedoms. This thesis is systematically divided into six basic areas. The first one describes the legally consistent state as a constitutional state; the second one characterizes the constitutional judiciary as one of the guarantees of a legally consistent...
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