Home > Search Results: Homolková, Barbora
Search:
Search Tips :: Advanced Search
Search collections:
Sort by: Display results: Output format:
National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
Judical law-making
 Homolková, Barbora ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
This thesis aims to describe a phenomenon of judicial law-making in 21st century. The thesis is concerned with two main issues, specifically the binding effect of prior judicial decisions and the boundaries of judicial authority in law-making. The thesis begins with a description of essential terms and it focuses especially on a type of judicial decisions-making, which results in not following plain and clear language of the applicable statute. A judge is not free in his choice when to avoid the language of the statute. He is limited by values embedded in law by legislator, which he cannot exceed and extend. Therefore this activity is deemed to be a method of selecting an applicable legal norm, not creation of new law. The thesis further explains when not following plain and clear language of the applicable statute can be in reasonable cases justifiable. This part is followed by specific parts dealing with the particular forms of the judicial law-making within the bounds of two legal systems - common law and civil law. In the conclusion the paper draws a comparison between the judicial law- making in mentioned legal systems. The thesis concludes that there is a difference between the systems in the concept of bindingness of prior judicial decisions. Yet, both systems reach the stability of court...
Detailed record
Judical law-making
 Homolková, Barbora ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
This thesis aims to describe a phenomenon of judicial law-making in 21st century. The thesis is concerned with two main issues, specifically the binding effect of prior judicial decisions and the boundaries of judicial authority in law-making. The thesis begins with a description of essential terms and it focuses especially on a type of judicial decisions-making, which results in not following plain and clear language of the applicable statute. A judge is not free in his choice when to avoid the language of the statute. He is limited by values embedded in law by legislator, which he cannot exceed and extend. Therefore this activity is deemed to be a method of selecting an applicable legal norm, not creation of new law. The thesis further explains when not following plain and clear language of the applicable statute can be in reasonable cases justifiable. This part is followed by specific parts dealing with the particular forms of the judicial law-making within the bounds of two legal systems - common law and civil law. In the conclusion the paper draws a comparison between the judicial law- making in mentioned legal systems. The thesis concludes that there is a difference between the systems in the concept of bindingness of prior judicial decisions. Yet, both systems reach the stability of court...
Detailed record

Interested in being notified about new results for this query?
Subscribe to the RSS feed.
Digital Repository :: Search :: Submit :: Personalize :: Help
Powered by Invenio v1.1.2
Maintained by admin.invenio@techlib.cz
This site is also available in the following languages:
Česky  English