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National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
The impact of the political question doctrine on decision-making of judges of the Constitutional Court of the Czech Republic
 Procházková, Andrea ; Kysela, Jan (advisor) ; Uhl, Pavel (referee)
The impact of the political question doctrine on decision-making of judges of the Constitutional Court of the Czech Republic Abstract The thesis deals with the influence of the political question doctrine on decisions of the Constitutional Court of the Czech Republic. It explains the meaning of the political question in the United States, describes what the possible Czech political questions could be and outlines reasons for judicial restraint in the cases lying on the boundary of law and politics. The first part of the thesis briefly presents relations between constitutional law and the part of politics which is closely connected to the constitutional judiciary. This relationship is explained by a phenomenon called the judicialization of politics which describes the growing role of constitutional courts in solving political controversies and policy questions. Moreover, to better understand the impact of the political question doctrine on decision-making of Czech constitutional judges, the second part of the thesis deals with the origin and an establishment of this doctrine in the Supreme Court of the United States, and indicates its future development. The third and fourth part of the thesis focuses on defining the Czech political question, its limits and also on its application by the Constitutional Court...
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Judicial self-restraint in the judicature of the Constitutional Court of the Czech Republic
 Skořepa, Petr ; Kindlová, Miluše (advisor) ; Suchánek, Radovan (referee)
Judicial self-restraint in the judicature of the Constitutional Court of the Czech Republic Abstract The thesis deals with the role of the judicial self-restraint in the judicature of the Constitutional Court of the Czech Republic. Besides the theoretical definitions is the pivotal part of the thesis practical section that is focused on the analysis of pre-selected decisions of the Constitutional Court with respect to the judicial self-restraint. The first chapter contains definition of the theory of separation of powers as basis for the judicial self-restraint and its subcategories. Part of this chapter is oriented at the judicial power itself, which is crucial for the thesis. The second chapter provides definitions of key concepts - principal of judicial self-restraint, priority of the constitutionally conformal interpretation, political question doctrine and judicial activism, as it is called. These concepts are defined from the points of view of the angloamerican legal system as well as czech legal system. In the second chapter are also stated possible factors that may lead to the judicial activism and to the judiciary state, as it is called. The chapter afterwards describes the judicial interpretation and application of law in the context of the judicial self-restraint and provides relevant historical...
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