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Material aspect of Administrative Offences
Scheuer, Jan ; Adamec, Martin (referee)
The thesis is devoted to the examination of the material aspect of administrative offences. It opens with the basic theoretical background, summary of the literature and historical excursion. Main part of the thesis is focused on a detailed analysis of the material aspect of the administrative offences from the perspective of legislation, case law and administrative practice. The author approaches the topic in an analytical manner, identifies possible ambiguities and offers suggestions for their elimination.
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Do Constitutional Court's rulings bind lower courts? Doctrinal and empirical perspectives
Drápalová, Jana ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee)
Do Constitutional Court's rulings bind lower courts? Doctrinal and empirical perspectives Abstract Czech doctrinal researchers conclude that decisions of the Czech Constitutional Court are - at least in some respect - bind lower courts pro futuro. Although continental legal systems do not officially subscribe to a doctrine of precedent, a quasi-precedential role of the jurisprudence of higher courts is often defended by theorists. However, this theory of quasi-precedent has never been empirically tested in the Czech Republic. This dissertation constitutes a first such attempt as it examines whether courts actually decide in practice according to the jurisprudence of the Czech Constitutional Court. Specifically, it focuses on a guideline decision by the Czech Constitutional Court on parole decisions made in 2018. The guideline decision emphasized that parole decisions - made by courts in the Czech legal system and not by parole boards or committees - constitute a systemic problem since they are poorly reasoned and as a result they are ambiguous and not persuasive. The guideline decision in detail stated what reasons can be used to justify parole decision and how various factors, such as previous convictions, should be interpreted when deciding on parole. This dissertation studies two groups of first-level...
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What is Binding in a Judicial Decision? (Czech-English Coomparison)
Novák, Luděk ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
What is Binding in a Judicial Decision? (Czech-English Comparison) The aim of my thesis is to answer the question what is binding in judicial decision in Czech-English comparison. It thus deals with the issue of bind- ingness of the judicial decision and also, which part of the decision constiň tutes its binding element in the Czech law and in the law of England and Wales. The initial impulse was given by the fact that in judicial decisions of Czech highest courts there relatively often appear terms which originally come from common law systems. Therefore I try to compare the role which judicial decisions play in the civil law and common law in general and then more in detail in the Czech law and the law of England and Wales. The thesis is composed of eight chapters. Introductory Chapter states reasons for the choice of topic, aims and the method of research. Chapter Two examines the role of judicial decisions in civil law and consists of two subchapters. Subchapter One deals with the history of the role of judicial de- cisions. Subchapter Two then considers the significance and the normative force of judicial decisions at the present time. Chapter Three on the other hand examines role of judicial decisions in English common law and also consists of two subchapters. Subchapter One concisely...
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