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Judical law-making
Homolková, Barbora ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
This thesis aims to describe a phenomenon of judicial law-making in 21st century. The thesis is concerned with two main issues, specifically the binding effect of prior judicial decisions and the boundaries of judicial authority in law-making. The thesis begins with a description of essential terms and it focuses especially on a type of judicial decisions-making, which results in not following plain and clear language of the applicable statute. A judge is not free in his choice when to avoid the language of the statute. He is limited by values embedded in law by legislator, which he cannot exceed and extend. Therefore this activity is deemed to be a method of selecting an applicable legal norm, not creation of new law. The thesis further explains when not following plain and clear language of the applicable statute can be in reasonable cases justifiable. This part is followed by specific parts dealing with the particular forms of the judicial law-making within the bounds of two legal systems - common law and civil law. In the conclusion the paper draws a comparison between the judicial law- making in mentioned legal systems. The thesis concludes that there is a difference between the systems in the concept of bindingness of prior judicial decisions. Yet, both systems reach the stability of court...
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Angloamerican, European, Islamic legal culture (comparative study)
Kalíšková, Lucie ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee)
ii Abstrakt a 5 klíčových slov v anglickém jazyce Anglo-American, European, Islamic legal culture (comparative study) Abstract The aim of the J.D. qualification thesis is to describe the large legal systems and to analyze them in the form of a comparative study. The J.D. qualification thesis consists of six chapters. The first chapter contains the characteristics of large legal systems and their differentiation and, in addition to the compared legal cultures, it also briefly discusses African customary law, the customary law of the Indian subcontinent (based on the religious tradition of Hinduism and Buddhism) and Sino-Japanese legal culture. The second chapter focuses on the description of Anglo-American legal culture and its subsystems, especially English law, US law, Canadian law, legal systems of Australia and New Zealand. The third chapter deals with continental legal culture and its subsystems, specifically the French, Austrian, German, Swiss, Scandinavian, Latin American and European Union legal cultures. At the same time, this chapter briefly summarizes other important civil law codifications of European countries, such as the Netherlands, Romania and Russia. The fourth chapter is focused on the Islamic legal culture and the importance of religion in society. The main part of the J.D. qualification...
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What is Binding in a Judicial Decision? (Czech-English Coomparison)
Novák, Luděk ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
What is Binding in a Judicial Decision? (Czech-English Comparison) The aim of my thesis is to answer the question what is binding in judicial decision in Czech-English comparison. It thus deals with the issue of bind- ingness of the judicial decision and also, which part of the decision constiň tutes its binding element in the Czech law and in the law of England and Wales. The initial impulse was given by the fact that in judicial decisions of Czech highest courts there relatively often appear terms which originally come from common law systems. Therefore I try to compare the role which judicial decisions play in the civil law and common law in general and then more in detail in the Czech law and the law of England and Wales. The thesis is composed of eight chapters. Introductory Chapter states reasons for the choice of topic, aims and the method of research. Chapter Two examines the role of judicial decisions in civil law and consists of two subchapters. Subchapter One deals with the history of the role of judicial de- cisions. Subchapter Two then considers the significance and the normative force of judicial decisions at the present time. Chapter Three on the other hand examines role of judicial decisions in English common law and also consists of two subchapters. Subchapter One concisely...
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The Binding Effect of Arbitral Awards in International Investment Disputes
Jančová, Nicole ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
in English The Binding Effect of Arbitral Awards in International Investment Disputes The purpose of this thesis is to analyse binding effect an award has on parties to the dispute and most importantly on future tribunals. Further discussed is the de facto precedent and its development in international investment treaty arbitration. Theoretical research is supported by an empirical study of case law. The reason for my research is the existence of conflicting awards in international investment law which undermines legal certainty of investors and States. The thesis is divided into three parts. The first part is introductory and concerns with the general characteristics of international investment dispute. This part describes the system of bilateral treaties for the reciprocal encouragement of investment and the dispute mechanism in which investors are left with a choice before which body the dispute will be heard. The chapter then distinguishes two different perceptions of tribunals: the principal-agent relationship where tribunal acts only as an agent of parties to the dispute independent of other tribunals; and tribunal as an agent of parties and also agent of the whole investment community. The second chapter focuses on the binding nature of an award. It looks at the wording of ICSID Convention...
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Judical law-making
Homolková, Barbora ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
This thesis aims to describe a phenomenon of judicial law-making in 21st century. The thesis is concerned with two main issues, specifically the binding effect of prior judicial decisions and the boundaries of judicial authority in law-making. The thesis begins with a description of essential terms and it focuses especially on a type of judicial decisions-making, which results in not following plain and clear language of the applicable statute. A judge is not free in his choice when to avoid the language of the statute. He is limited by values embedded in law by legislator, which he cannot exceed and extend. Therefore this activity is deemed to be a method of selecting an applicable legal norm, not creation of new law. The thesis further explains when not following plain and clear language of the applicable statute can be in reasonable cases justifiable. This part is followed by specific parts dealing with the particular forms of the judicial law-making within the bounds of two legal systems - common law and civil law. In the conclusion the paper draws a comparison between the judicial law- making in mentioned legal systems. The thesis concludes that there is a difference between the systems in the concept of bindingness of prior judicial decisions. Yet, both systems reach the stability of court...
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International impact of unilateral declaration of independence of Kosovo
Janicki, Miloš ; Matějka, Zdeněk (advisor) ; Kochan, Jan (referee)
My goal was to attempt to analyze impact of Kosovo crisis on international relations. Kosovo issue and its solutions have shaped two important principles of international relations in the last decade, which by repeating tend to become precedents. The first principle is humanitarian intervention without the mandate of UN, which was first applied in Yugoslavia in 1999. Similar action was applied in several different states during the last decade. Second principle, which is the main subject of my thesis, is unilateral declaration of independence which was recognized by more sovereign states then in previous occasions. By analysis of events in Georgia I tried to prove that separatism could become an instrument of international relations in future. Authority of UN is shaken in last decade and it could lead to reshaping of world order. Single-sided interpretation of morality and principles can replace international law. Apart from analyzing global impact of Kosovo crises I have tried to explore the problem in detail by researching the causes that let to conflict. Most of the attention I have devoted to period between 1974 and 1999, which I find crucial in the forming a situation that led to unilateral declaration in 2008. In the first part of my work I tended to explore international law arguments that were used by both followers and opponents of independence and tried to preview aspects of teory of secession
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