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Judicial activism
Pumr, Jaromír ; Tryzna, Jan (advisor) ; Wintr, Jan (referee)
Judicial activism Abstract This thesis tries to complexly grasp the phenomenon of judicial activism. The key role for it and its analysis of judicial activism is the theory of separation of powers in the state, without its comprehension it is hardly possible to correctly assess. The first chapter thus focuses on the theoretical concept of separation of powers, its evolution and current standing. Takes a critical stand with present thinkers and suggests rethinking its approach to stress the theory's purpose instead. The second chapter analyses judiciary and judicial system from the functional and institutional approach. Offers its classical definitions yet describes many authors who criticize the affinity of judicial power's activity to the one of state administration. It tries to rebut those opinions with arguments of specific expertise of judges and of its legitimacy. In the third chapter the focus is on the judicial activism. It identifies large dispersion of its definitions therefore uses meta-analysis of Keenan Kmiec for its definition. Firstly, discusses the major change of judicial power in society during the last century and for this reason addresses those most important changes: hypertrophy of law and human rights, and shift of the main interpretational paradigms to natural law emphasis....
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Postmodern phenomena in law
Pokorný, Jan ; Maršálek, Pavel (advisor) ; Ondřejek, Pavel (referee)
Postmodern phenomena in law Abstract This thesis examines postmodernity and its manifestation in law and legal science. The first part is dedicated to achieving as precise definition of the term postmodernity as possible, as there is no general consensus, due to the fragmentary nature and instability of postmodern philosophy. Because of a limited quantity of comprehensive resources, describing postmodernity, available the historical perspective was applied in order to build a clear and compact narrative. The modernity movement is defined as it precedes postmodernity historically and philosophically. Postmodernity arose in reaction to the historical events which shaped the world of the twentieth century. From the detailed historical narrative are then synthesized the main defining characteristics of postmodernity. Those characteristics are: erosion, plurality, globalization, the fragmentary and liquid nature of society. The second part is predominantly dedicated to the topic of plurality as it is the basic element of postmodern thought. The comparative approach was chosen due to the ongoing globalization. Plurality as a postmodern phenomenon manifests itself significantly in the form of legal pluralism. The emphasis is put on defining legal pluralism, the additional meta-questions that head towards pondering...
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Judicial activism
Pumr, Jaromír ; Tryzna, Jan (advisor) ; Wintr, Jan (referee)
Judicial activism Abstract This thesis tries to complexly grasp the phenomenon of judicial activism. The key role for it and its analysis of judicial activism is the theory of separation of powers in the state, without its comprehension it is hardly possible to correctly assess. The first chapter thus focuses on the theoretical concept of separation of powers, its evolution and current standing. Takes a critical stand with present thinkers and suggests rethinking its approach to stress the theory's purpose instead. The second chapter analyses judiciary and judicial system from the functional and institutional approach. Offers its classical definitions yet describes many authors who criticize the affinity of judicial power's activity to the one of state administration. It tries to rebut those opinions with arguments of specific expertise of judges and of its legitimacy. In the third chapter the focus is on the judicial activism. It identifies large dispersion of its definitions therefore uses meta-analysis of Keenan Kmiec for its definition. Firstly, discusses the major change of judicial power in society during the last century and for this reason addresses those most important changes: hypertrophy of law and human rights, and shift of the main interpretational paradigms to natural law emphasis....
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