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Foreign Influences in Constitutional Law
Léko, Kristián ; Hofmannová, Helena (referee)
Kristián Léko: Foreign Influences in Constitutional Law Comparative method has become one of the main trends of contemporary law. Constitutional law is no exclusion. Foreign law is often used as an inspiration in drafting, amending and interpreting of modern constitutions in many states, as well as in the Czech Republic. This thesis illustrates this fact on practical examples and creates a theoretical basis in Czech, with stresses on history, taxonomy and methodology. The first two chapters analyse the history and importance of both general comparative law (Chapter 1) and comparative constitutional law (Chapter 2). Chapter 3 analyses some methodological aspects of comparative law and Chapter 4 shows several patterns, how, when and where can foreign law have influence on domestic legal systems. The last three chapters examine three situations of foreign influence - constitutional drafting (Chapter 5), constitutional amendments (Chapter 6) and constitutional interpretation (Chapter 7). In all these chapters, basic theoretical and comparative background is set and then Czech and Czechoslovak examples are being analysed. It is possible to sum up that Czech constitutional drafters, amenders and interpreters (constitutional judges) are all using foreign arguments in some degree. However, there is no common...
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Foreign Influences in Constitutional Law
Léko, Kristián ; Hofmannová, Helena (referee)
Kristián Léko: Foreign Influences in Constitutional Law Comparative method has become one of the main trends of contemporary law. Constitutional law is no exclusion. Foreign law is often used as an inspiration in drafting, amending and interpreting of modern constitutions in many states, as well as in the Czech Republic. This thesis illustrates this fact on practical examples and creates a theoretical basis in Czech, with stresses on history, taxonomy and methodology. The first two chapters analyse the history and importance of both general comparative law (Chapter 1) and comparative constitutional law (Chapter 2). Chapter 3 analyses some methodological aspects of comparative law and Chapter 4 shows several patterns, how, when and where can foreign law have influence on domestic legal systems. The last three chapters examine three situations of foreign influence - constitutional drafting (Chapter 5), constitutional amendments (Chapter 6) and constitutional interpretation (Chapter 7). In all these chapters, basic theoretical and comparative background is set and then Czech and Czechoslovak examples are being analysed. It is possible to sum up that Czech constitutional drafters, amenders and interpreters (constitutional judges) are all using foreign arguments in some degree. However, there is no common...
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Foreign Influences in Constitutional Law
Léko, Kristián ; Kysela, Jan (advisor) ; Mlsna, Petr (referee)
Kristián Léko: Foreign Influences in Constitutional Law Comparative method has become one of the main trends of contemporary law. Constitutional law is no exclusion. Foreign law is often used as an inspiration in drafting, amending and interpreting of modern constitutions in many states, as well as in the Czech Republic. This thesis illustrates this fact on practical examples and creates a theoretical basis in Czech, with stresses on history, taxonomy and methodology. The first two chapters analyse the history and importance of both general comparative law (Chapter 1) and comparative constitutional law (Chapter 2). Chapter 3 analyses some methodological aspects of comparative law and Chapter 4 shows several patterns, how, when and where can foreign law have influence on domestic legal systems. The last three chapters examine three situations of foreign influence - constitutional drafting (Chapter 5), constitutional amendments (Chapter 6) and constitutional interpretation (Chapter 7). In all these chapters, basic theoretical and comparative background is set and then Czech and Czechoslovak examples are being analysed. It is possible to sum up that Czech constitutional drafters, amenders and interpreters (constitutional judges) are all using foreign arguments in some degree. However, there is no common...
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