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New approaches to legal reasoning as used in case-law
Peterka, Bohumil ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee)
New Approaches to Legal Reasoning as Used in Case-Law - Summary The phenomenon of legal interpretation and argumentation theory has become increasingly popular in the Czech Republic. The thesis first aims to summarize theories (or methodologies) of three Anglo-Saxon scholars, Neil MacCormick, Ronald Dworkin and William N. Eskridge. In the thesis, three respective theoretic chapters are dedicated to theories of legal interpretation as presented by each of them. After exploring philosophic backgrounds of the theories briefly, main focus was put on sets of different interpretation methods and interpretive arguments these scholars find most relevant. Subsequently, I tried to analyse the arguments and to examine role different legal arguments play in the process of interpretation as described in works of the three scholars. Each theory is eventually explicated on a convenient law case mentioned in one of its author's books. The second aim of the thesis is to apply the theories as summarised in the theoretical part on Czech law cases to find out whether the theories are successfully applicable considering differences of Czech (continental) legal system and common-law-based legal orders as well as whether such application might prove helpful to a Czech law interpret. For that reason several important Czech "hard"...
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Law and Protection of Human Rights in communication of the EU as of the actor of international security
Peterka, Bohumil ; Střítecký, Vít (advisor) ; Plechanovová, Běla (referee)
logiky vhodnosti. Abstract Presented diploma thesis aims to answer a question whether the European Union can be perceived as a relevant actor of international security relations in the context of human rights protection and international security threat regulation. For the purpose of achieving the main goal of the thesis a definition of the EU actorness is used which presumes that the EU could be perceived as an actor of a policy provided it is being perceived as an actor acknowledged by other actors of international security and is able to influence their behavior at the same time. Both are proved by analysis of the antiterrorist sanction régimes, and more specifically a related the Court of Justice case Kadi. By means of the case, the EU pushed for institutional changes within the UN Security Council strengthening human rights protection. Within the EU, regarding the Member States, the EU can be perceived as actor if it succeeds in spread its own normative patterns among them. By the analysis of the Kadi case as well as of the Court's human rights doctrine development I try to prove that an EU institution (in this case the Court of Justice) succeeds in convincing the Member States that they should support the Court of Justice doctrine even though it might diminish their own power and influence. Normative...
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