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Theoretical and Legal Analysis of Lay Element in Judiciary
Lajsek, Vladimír ; Wintr, Jan (advisor) ; Hapla, Martin (referee) ; Ondřejková, Jana (referee)
Theoretical and Legal Analysis of Lay Element in Judiciary Abstract This work is dealing with the lay element in judiciary. The main emphasis in laid on the institute of lay judges in the Czech legal order. The main goal of the work is to answer the questions whether the lay element in judiciary is still a democratizing component, further if there are fulfilled enough the constitutional conditions of an independent, impartial and statutory judge principle in case of lay judges, whether the democratic or the expert legitimacy may prevail and at last, if the lay element should be preserved in the Czech legal order. In the first chapter, there is described a historical development of the lay element in judiciary. In modern times, it has appeared firstly in the form of jury courts in the Czech lands, more precisely in the Austrian monarchy, after the revolutionary year 1848. Its functioning is illustrated on two famous cases, which were the process with K. H. Borovský and with Leopold Hilsner. On the one hand, these cases show the advantage of participation of lay people into judiciary, as it can serve as correction of the state's despotism. On the other hand, there should come to wrong decisions in the consequence of an easy suggestibility of the public. At the age of the so called First Czechoslovak Republic,...
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Architectural competitions under the Public Procurement Code
Csorba, Csaba ; Vopálka, Vladimír (advisor) ; Kopecký, Martin (referee)
in english This thesis is dealing with architectural competitions under the Public Procurement Code, which still are not in the spotlight of the exsperts, media and the wider public. This fact is understandable, given the disproportion of the number of organised competitions and public tenders, however it causes a much higher number of insufficiently discussed or undiscussed questions than in any other branch of law. These problems, together with the compatibility of the Public Procurement Code and the Articles of the Czech Chamber of Architects, are the the primary subject of the thesis, anyway it also gives an instruction on organising a competition from the very beginning. In the summary an outlook of some alternative solutions of a problem explicitly undefined by the Code is given, while these solutions also demonstrate its formal defects and inflexibility in various situations.
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Theoretical and Legal Analysis of Lay Element in Judiciary
Lajsek, Vladimír ; Wintr, Jan (advisor) ; Hapla, Martin (referee) ; Ondřejková, Jana (referee)
Theoretical and Legal Analysis of Lay Element in Judiciary Abstract This work is dealing with the lay element in judiciary. The main emphasis in laid on the institute of lay judges in the Czech legal order. The main goal of the work is to answer the questions whether the lay element in judiciary is still a democratizing component, further if there are fulfilled enough the constitutional conditions of an independent, impartial and statutory judge principle in case of lay judges, whether the democratic or the expert legitimacy may prevail and at last, if the lay element should be preserved in the Czech legal order. In the first chapter, there is described a historical development of the lay element in judiciary. In modern times, it has appeared firstly in the form of jury courts in the Czech lands, more precisely in the Austrian monarchy, after the revolutionary year 1848. Its functioning is illustrated on two famous cases, which were the process with K. H. Borovský and with Leopold Hilsner. On the one hand, these cases show the advantage of participation of lay people into judiciary, as it can serve as correction of the state's despotism. On the other hand, there should come to wrong decisions in the consequence of an easy suggestibility of the public. At the age of the so called First Czechoslovak Republic,...
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Architectural competitions under the Public Procurement Code
Csorba, Csaba ; Vopálka, Vladimír (advisor) ; Kopecký, Martin (referee)
in english This thesis is dealing with architectural competitions under the Public Procurement Code, which still are not in the spotlight of the exsperts, media and the wider public. This fact is understandable, given the disproportion of the number of organised competitions and public tenders, however it causes a much higher number of insufficiently discussed or undiscussed questions than in any other branch of law. These problems, together with the compatibility of the Public Procurement Code and the Articles of the Czech Chamber of Architects, are the the primary subject of the thesis, anyway it also gives an instruction on organising a competition from the very beginning. In the summary an outlook of some alternative solutions of a problem explicitly undefined by the Code is given, while these solutions also demonstrate its formal defects and inflexibility in various situations.
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