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A Service for Verification of Czech Attorneys
Jílek, Radim ; Glembek, Ondřej (referee) ; Szőke, Igor (advisor)
This thesis deals with the design and implementation of the Internet service, which allows to objectively assess and verify the reliability and diligence of Czech lawyers based on publicly available data of several courts. The aim of the thesis is to create and put into operation this service. The result of the work are the programs that provide partial actions in the realization of this intention.
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Dissents and their role in judicial decision-making
Stádník, Jakub ; Hřebejk, Jiří (referee)
Dissents and their role in judicial decision-making Jakub Stádník Abstract This thesis deals with dissents to judicial decisions, i.e., dissenting opinions of the judges which are published along with the decision. In the Czech context, these are mainly dissenting opinions of the Constitutional Court judges, which (despite the lack of direct binding force) occupy a significant space not only in academic discussions but can also become the basis for future changes in legal opinion. Despite this practical significance of the dissenting opinions, however, they have received rather little attention or, with a few exceptions, have not been dealt with in a broader context in any text to date. This was the main motivation for writing my thesis. The most important context in relation to the existence of dissents is their impact on the legitimacy of decisions. There are views that consider dissenting opinions to be beneficial to the legitimacy of courts and their decisions, as well as views that are quite the opposite. Thus, the primary goal of this paper is to analyze the role of dissenting opinions in terms of their impact on the legitimacy of decisions. This is an aspect that runs throughout the whole text. The thesis begins by defining the terms dissent and dissenting opinion and seeks to introduce both foreign...
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Dissents and their role in judicial decision-making
Stádník, Jakub ; Kysela, Jan (advisor) ; Preuss, Ondřej (referee)
Dissents and their role in judicial decision-making Jakub Stádník Abstract This thesis deals with dissents to judicial decisions, i.e., dissenting opinions of the judges which are published along with the decision. In the Czech context, these are mainly dissenting opinions of the Constitutional Court judges, which (despite the lack of direct binding force) occupy a significant space not only in academic discussions but can also become the basis for future changes in legal opinion. Despite this practical significance of the dissenting opinions, however, they have received rather little attention or, with a few exceptions, have not been dealt with in a broader context in any text to date. This was the main motivation for writing my thesis. The most important context in relation to the existence of dissents is their impact on the legitimacy of decisions. There are views that consider dissenting opinions to be beneficial to the legitimacy of courts and their decisions, as well as views that are quite the opposite. Thus, the primary goal of this paper is to analyze the role of dissenting opinions in terms of their impact on the legitimacy of decisions. This is an aspect that runs throughout the whole text. The thesis begins by defining the terms dissent and dissenting opinion and seeks to introduce both foreign...
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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...
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Confidence in some institutions - July 2021
Červenka, Jan
In July 2021 within the regular survey, the Public Opinion Research Centre (CVVM) questioned respondents about their confidence in some institutions including the Ombudsman, the Constitutional Court, the Supreme Audit Office, the Supreme State Prosecutor, the Security information service (BIS), and the National Office for Information and Cyber Security (NÚKIB).
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The Role of the Constitutional Court in the Political System of the Czech Republic
Kučerová, Marie ; Bureš, Jan (advisor) ; Koubek, Jiří (referee)
The Constitutional Court of the Czech Republic is incorporated in the system of the supreme state authorities and is responsible for the protection of constitutionalism. The aim of the thesis is to evaluate the role of the Constitutional Court of the Czech Republic in the political system of the Czech Republic on basis of delimitation of function thereof, and of basic relations to other state power bodies. The subject matter of the first part of the thesis is characteristics of the constitutional justice and the significance thereof in a democratic constitutional state. This interpretation also includes comparison of two principal models - a diffusion model, and a concentrated constitutional justice model. The basic idea of the thesis is to explore the characteristic position of the Constitutional Court between the law and the politics, it deals with political aspects of constitutional justice. The thesis is based on constitutional approach and aims to answer the question of how much the relation of the Constitutional Court towards the politics is determined by the system (institutionally, functionally). The main part of the thesis analyzes incorporation of the Constitutional Court into the system, the position of the Constitutional Court as an independent body of judicial power, and the relations...
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Case Law of the Constitutional Court Relating to Taxation
Křivánek, Michal ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
The thesis deals with the decision-making practices of the Czech Constitutional Court in matters of taxation. The first chapter serves as an introduction to the topic of taxes and their different types, pays attention to the distinction between taxes, fees and other similar payments, and outlines the constitutional foundations on which taxes in broader sense may be imposed. The following section discusses the role of the Constitutional Court, mentions the types of court proceedings related to the field of taxation, and distinguishes between the court review of questions with constitutional law relevance, which the Constitutional Court examines, and of matters of ordinary law without such relevance, which are left to the general courts. The importance of the decision-making agenda of the Constitutional Court and the binding nature of its decisions for different groups of subjects and in different type situations is outlined. The third section then proceeds to analyze the important constitutional principles that are common for the field of tax law, namely the prohibition of genuine ex post facto legislation, and conversely the general permissibility of perceived retroaction, the principle of imposing taxes solely on the basis of law, and the use of the in dubio mitius principle, which is a...
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Freedom of worship - its constitutional and statutory regulation and reflection in the caselaw of the Constitutional Cour
Popelková, Martina ; Hofmannová, Helena (advisor) ; Suchánek, Radovan (referee)
This thesis aims to analyze legislation of the Czech legal order concerning religious freedom. The work is divided in two parts. The first part of the thesis deals with the definition of religious freedom in the first place. Afterwards the thesis describes the Constitutional law relating to the religious freedom (especially the Article No. 15 and No. 16 of the Charter of the Fundamental Rights and Freedoms of the Czech Republic), international conventions relating to the theme (e.g. The Universal Declaration of Human Rights, The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights etc.) and further statutory provisions and legislative rules guaranteeing religious freedom in the Czech Republic. Major part of the thesis relating to the statutory provisions and legislative rules deals with the act No. 3/2002 Coll., on Freedom of religion and the status of churches and religious societies, as amended. The act No. 3/2002 Coll. constitutes basis of regularization of the freedom of religion in the Czech Republic. Various provisions of the act No. 3/2002 Coll. were subject to review of the Constitutional Court of the Czech Republic due to their unconstitutionality. The second part of the thesis discusses various decisions of the...
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Powers of the Constitutional Court of the CR and the Federal Constitutional Court of the Federal Republic of Germany (a comparison)
Ladýřová, Šárka ; Jirásková, Věra (advisor) ; Suchánek, Radovan (referee)
(abstrakt v anglickém jazyce) The main contents of this dissertation (diploma paper) is a study of jurisdiction of The Constitutional Court of the Czech Republic and of The Federal Constitutional Court of Germany and their comparison. The first part of this work describes in brief the genesis of the constitutional jurisdiction and its two basic types. Afterwards there is characterized the constitutional jurisdiction in Germany and in the Czech Republic and next there is described legal regulation and organisation of the German and Czech constitutional courts. Further I deal with the jurisdiction of constitutional courts (of european continental type) in general. In the second part of this work, first I give a general idea about jurisdiction of the German and Czech constitutional courts. After it I already deal with analysis of their single, selected competences - in the concrete: regulation control (judicial review), constitutional complaint, judicial review of international conventions and questions of jurisdiction. I have not focused on the other competences, which the both constitutional courts dispose of. Firstly there is no need to analyse them for the sake of insight into the problem, secondly there should be kept adequate range of this work. The third part results from the analysis of the...
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