|
|
The position of the Constitutinal Court in the system of separation of powers in the Czech Republc
Schneider, Jan ; Hofmannová, Helena (advisor) ; Suchánek, Radovan (referee)
The position of the Constitutional Court in the system of separation of powers Abstract The thesis deals with defining the position of the Constitutional Court in the system of separation of powers in the Czech Republic. In order to understand the role of the Constitutional Court, it is important to understand the historical context, therefore the first part of the thesis deals with the development and concepts of constitutionalism and constitutional justice. In this part, the thesis will focus on important thinkers who have influenced the way of thinking about the modern state and the separation of powers. Subsequently, constitutional justice is concentrated and diffused. The second chapter deals with the development of the Constitutional Judiciary in Bohemia, from the Habsburg Monarchy, through the period in Czechoslovakia in 1918-1938, then the period from 1945-1989 and finally the Constitutional Court which was established in 1991. The third chapter will focus on the Constitutional Court of the Czech Republic, its establishment and legal regulation, the characteristics of the court as an institution, the function of a judge of the Constitutional Court, the specifics and individual types of proceedings before the Constitutional Court and the manner and binding nature of the Constitutional Court's...
|
|
|
Selection of Constitutional Justices in Czechia and Slovakia
Svoboda, Jiří ; Hřebejk, Jiří (referee)
Thesis focuses on institutional aspect of selection of constitutional judges in Czechia and in Slovakia, personal aspect of selection, i.e. identification of the groups of recruitment and requirements and qualities of the judges. Thesis also focuses on the process, i.e. procedural aspects within which the key authorities (presidents and parliaments) compare and choose individual candidates. Based on this analysis the student will identify strengths and weaknesses of both systems, which could lead to paralysis of court in question.
|
|
|
The tranformation of the role of the judicary in the 20th and 21st centuries.
Hořeňovský, Jan ; Wintr, Jan (referee)
The transformation of the role of the judiciary in the 20th and 21st centuries Abstract This work is about the fundamental questions of law, judges, society, and liberal democracy from theoretical social perspective. This study is mainly from the fields of state science and political philosophy. Due to the complexity of the topic, I decided to devote the first chapter to the philosophical starting points. The second and third chapters deal with the role of the courts as political actors. To a large extent, I deal with the criticism of this phenomenon. Important sections are those on the essence of democracy, policies and the role of experts in the process of governance. Equally important is the critical view of human rights inflation in modern societies. In the last chapter, I focus on the various forms of doctrine of judicial restraint, which I see as a realistic solution to the outlined problems. Frequently, the argumentation for criticizing the Judicial Restraint is the creation of a cartoons and its subsequent majestic defeat. I think that this approach is not fair, because in my opinion the judicial restraint can be debated objectively without prejudices and without a priori rejection. Meaningful division of roles in the state is as important as the division of power. The division of power is...
|
|
|
The tranformation of the role of the judicary in the 20th and 21st centuries.
Hořeňovský, Jan ; Wintr, Jan (referee)
The transformation of the role of the judiciary in the 20th and 21st centuries Abstract This work is about the fundamental questions of law, judges, society, and liberal democracy from theoretical social perspective. This study is mainly from the fields of state science and political philosophy. Due to the complexity of the topic, I decided to devote the first chapter to the philosophical starting points. The second and third chapters deal with the role of the courts as political actors. To a large extent, I deal with the criticism of this phenomenon. Important sections are those on the essence of democracy, policies and the role of experts in the process of governance. Equally important is the critical view of human rights inflation in modern societies. In the last chapter, I focus on the various forms of doctrine of judicial restraint, which I see as a realistic solution to the outlined problems. Frequently, the argumentation for criticizing the Judicial Restraint is the creation of a cartoons and its subsequent majestic defeat. I think that this approach is not fair, because in my opinion the judicial restraint can be debated objectively without prejudices and without a priori rejection. Meaningful division of roles in the state is as important as the division of power. The division of power is...
|
|
|
The tranformation of the role of the judicary in then 20th a and 21st centuries.
Hořeňovský, Jan ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
The transformation of the role of the judiciary in the 20th and 21st centuries Abstract This work is about the fundamental questions of law, judges, society, and liberal democracy from theoretical social perspective. This study is mainly from the fields of state science and political philosophy. Due to the complexity of the topic, I decided to devote the first chapter to the philosophical starting points. The second and third chapters deal with the role of the courts as political actors. To a large extent, I deal with the criticism of this phenomenon. Important sections are those on the essence of democracy, policies and the role of experts in the process of governance. Equally important is the critical view of human rights inflation in modern societies. In the last chapter, I focus on the various forms of doctrine of judicial restraint, which I see as a realistic solution to the outlined problems. Frequently, the argumentation for criticizing the Judicial Restraint is the creation of a cartoons and its subsequent majestic defeat. I think that this approach is not fair, because in my opinion the judicial restraint can be debated objectively without prejudices and without a priori rejection. Meaningful division of roles in the state is as important as the division of power. The division of power is...
|
|
|
Legal Situation in the Diocese of Litoměřice from 1989 to 2010
Přibyl, Stanislav ; Hrdina, Antonín (advisor) ; Přibyl, Stanislav (referee) ; Plavec, Karel (referee)
The first part of the doctoral thesis approaches its topic from the historical point of view: firstly, it summarises the history of the Diocese of Litoměřice from the erection of the Chapter of Canons in 1057; secondly, it briefly describes the history of the Diocese from its foundation in 1655 to 1989; thirdly, the events from 1989 to 2010 are discussed in detail, i.e. the episcopacy of Msgr. Josef Koukl after 15 years of vacant see in the context of the reconstruction of the Diocese after the fall of the communist regime, the situation in the Diocese during the episcopacy of Bishop Pavel Posád, the following period when the Diocese was administered by Dominik Duka and finally the time after Bishop Jan Baxant took canonical possession. The second part of the doctoral thesis is divided into six chapters and approaches the chosen period thematically according to the branches of the Canon Law. It tackles the governance of the Diocese, personnel and territorial-administrative matters, the exercise of the legislative, administrative and judicial power within the establishment and application of the Canon Law from 1990 to 2010. The thesis investigates activities of the Diocesan Bishops, of the Vicars General and Episcopal Vicars and of the Diocesan Curia; it deals with the exercise of the judicial power...
|
|
|
Reconstruction and development the area of hall of justice with respect to limit of crisis situations.
DOSTÁL, Petr
This bachelor's thesis deals with reconstruction and building of court-houses with view to the minimizing of emergencies. The first part is dedicated to the definition of position that justice has in the society. This is important for establishing the importance of protection of court-houses. In the next part I describe the actual security of court-houses. This is divided into building and technical means in the course of the reconstruction. Next I will introduce security documentation which sets the framework for the actual reconstruction. For the survey itself I have chosen three court-houses that are connected by common function, recent reconstruction and the same region. Based on written documents and local survey I have put together the definition of threats and their analysis for court-houses in Písek, Jindřichův Hradec and Prachatice. I compared the degree to which these threats were eliminated by the reconstructions. I particularly focused on comparing the use of building and technical means. Based on received data I tried to create a model court-house which eliminates the threats by building and technical means.
|
guest ::
