scholarly journals Vedoucí zaměstnanec a výklad zákonných ustanovení contra Verba Legis

AUC IURIDICA ◽  
2021 ◽  
Vol 67 (3) ◽  
pp. 49-55
Author(s):  
Vojtěch Hanzal ◽  
Jakub Tomšej
Keyword(s):  
Decision Making ◽  
Czech Republic ◽  
Case Law ◽  
Judicial System ◽  
Recent Case ◽  
Constitutional Court ◽  
The Third ◽  
Fourth Part ◽  
Legal Term ◽  
The Way

The article deals with the way legislation defines the term “senior employee” and how the interpretation is influenced by recent case law of the Constitutional Court. The first part of the article focuses on an analysis of the legal term “senior employee” in accordance with the present legislation as well as relevant judicature and doctrine. The second part of the article is based on a description of the way the Constitutional Court deviated from the interpretation of mentioned term and its aspects which were until then, considered defining. The article continues in the third section with the presentation of other examples of decision making contra verba legis throughout the judicial system of Czech Republic. The aforementioned sections are followed by the fourth part, which consists of a conclusion of the previous content and brings deliberations de lege ferenda.

scholarly journals La no renovación de contrato a los profesores de religión en las escuelas públicas por falta de idoneidad canónica : autonomía de las Iglesias y aconfesionalidad del Estado vs. derechos fundamentales del trabajador : comentario a las SSTC 38/2007 y 128/2007)

2007 ◽  
pp. 633
Author(s):  
Joaquín Brage Camazano
Keyword(s):  
Public Schools ◽  
Case Law ◽  
Private Life ◽  
Fundamental Rights ◽  
Recent Case ◽  
Freedom Of Religion ◽  
Constitutional Court ◽  
Concrete Case ◽  
Catholic Religion ◽  
Academic Year

In this work, the author comments critically a recent case-law of the Constitutional Court about the cases in that the Administration doesn’t renew the yearly contract to a teacher of Catholic religion in public schools because the Bishop didn’t nominate him for that academic year because he failed to consider him a suitable teacher of religion, in part even on the basis of aspects related to his private life. In the Decision 38 of 2007, the Constitutional Court analyzes in abstract the compatibility with the Constitution of the Concordat which allows that «non renewall» of contract and it considers that this is in accordance with the Constitution but the Court lays down the demands that derive of the fundamental rights of the teacher and which should be kept in mind by the judges when enforcing this regulation to the concrete cases. In the Decision 128/2007, the Courth itself reviews a first concrete case of application of this doctrine. The Court gives great deference to the religious opinion of the Bishop when the «non renewal» is based on religious motivations in order to respect the collective freedom of religion.

Józef Nowacki as a Theoretician of Normativism in Poland

2020 ◽  
Vol 45 (2-3) ◽  
pp. 248-267
Author(s):  
Sławomir Tkacz
Keyword(s):  
Rule Of Law ◽  
Legal Theory ◽  
Case Law ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
The Third ◽  
German Speaking ◽  
Post War ◽  
Legal Theorist ◽  
Historical Sketch

The present paper aims to present an outline of the views of the Polish legal theorist Józef Nowacki (1923–2005). The claim put forward is that Nowacki was the chief representative of Hans Kelsen’s normativism in Polish legal theory. The paper begins with a short historical sketch presenting the reception of Hans Kelsen’s views in Polish jurisprudence, noting that in the post-war period the communist authorities believed that normativism was at odds with the then prevailing system of actually existing socialism. Drawing inspiration from German-speaking authors, Nowacki rejected the ideology prevailing in Poland at that time and became a staunch advocate of the normativist stance, in particular with regard to the theory of the legal system. The second part of the paper discusses Nowacki’s views regarding the concept of the rule of law, and the third and last part presents Nowacki’s critique of the case-law of the Polish Constitutional Court.

New Measurement Technologies

2017 ◽  
Author(s):  
Daniel E. Ho ◽  
Michael Morse
Keyword(s):  
Decision Making ◽  
Data Collection ◽  
Case Law ◽  
Judicial Behavior ◽  
Standard Approach ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Ideal Points ◽  
Meaningful Data ◽  
The Way

This chapter reviews measurement technologies that have rapidly invigorated the study of judicial behavior, examining the standard approach to measuring judicial “ideal points” and discussing how such measures have facilitated broad new lines of inquiry in understanding judicial decision-making. But the measures, as this chapter explains, are no panacea. Proper use and interpretation depend critically on qualitative assumptions and understanding of underlying case law. This chapter argues that the way forward combines jurisprudentially meaningful data collection with advances in measurement technologies. These concepts are illustrated by empirically informing a long-standing debate about the effect of the Nuremberg trial on Justice Jackson’s jurisprudence.

scholarly journals Are inspections conducted by selected administrative bodies compliant with the Constitution of the Slovak Republic and the European Convention on Human Rights?

2018 ◽  
Vol 2 (1) ◽  
pp. 70-79
Author(s):  
Lucia Smolková
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Supreme Court ◽  
Slovak Republic ◽  
Case Law ◽  
European Convention ◽  
Constitutional Court ◽  
Related Case ◽  
European Court

This paper analyses the case law of the Slovak Constitutional Court and the Slovak Supreme Court dealing with inspections conducted by selected Slovak administrative bodies – especially by the administrative bodies in the area of foodstuffs administration – where inspected companies complain that their rights guaranteed by the Slovak Constitution and the European Convention on Human Rights, namely the protection of their business premises, have been violated. The paper thus also deals with and analyses the related case law of the European Court of Human Rights and its (non)-application by the Slovak judicial bodies in their decision-making practice.

scholarly journals Constitutional principles in public administrator's decision-making under the case law of the Supreme Administrative Court of Lithuania

2018 ◽  
Vol 2 (1) ◽  
pp. 109-115
Author(s):  
Ieva Deviatnikovaitė
Keyword(s):  
Decision Making ◽  
Public Administration ◽  
Judicial Review ◽  
Case Law ◽  
Constitutional Court ◽  
Constitutional Principle ◽  
Family Names ◽  
Administrative Courts ◽  
The Republic

This paper serves few purposes. First, it examines the principles of public administration in Lithuania. Good administration principle is analysed as constitutional principle relying on the case law of the Supreme Administrative Court of Lithuania. Second, it explores impact of the decisions of Constitutional Court of the Republic of Lithuania to the contemporary judicial review of Lithuanian administrative courts. Therefore, one of the latest rulings of the Supreme Administrative Court of Lithuania related to the spelling of names and family names in the passports of citizens of the Republic of Lithuania will be reviewed.

Bundesverfassungsgericht und Parlamentarismus

2021 ◽  
Author(s):  
Astrid Kuhn
Keyword(s):  
Systematic Review ◽  
Decision Making ◽  
Political Science ◽  
Text Analysis ◽  
Case Law ◽  
Constitutional Court ◽  
Foreign Missions ◽  
Parliamentary System ◽  
Federal Constitutional ◽  
Structural Principles

What understanding of parliamentarianism acts as the premise for the Federal Constitutional Court when it strengthens the rights of the Bundestag? This study offers a systematic review of case law on the subjects of parliamentary law, the German military’s foreign missions and voting law. It shows how the court deals with the conflicting patterns of the parliamentary system of government: individual MPs integrated into the group principle, the functionality of parliament under full representation, public resolutions under informal decision-making. The book’s theory-based political science text analysis of 25 rulings reveals the court’s remarkable ambivalence regarding the structural principles of parliamentarianism as a party democracy and points to differences and lines of development of the various topics.

scholarly journals The Protection of Personal and Property Rights Act 1988 – Update and Reflections

2013 ◽  
Vol 44 (3/4) ◽  
pp. 439
Author(s):  
Bill Atkin
Keyword(s):  
Decision Making ◽  
Property Rights ◽  
Case Law ◽  
Recent Case ◽  
25Th Anniversary ◽  
The Future

This article coincides with the 25th anniversary of the passage of the Protection of Personal and Property Rights Act 1988. The Act provides mechanisms for decision-making on behalf of people who lack capacity to make decisions for themselves. It is of increasing importance as the population ages. The article looks at the origins of the legislation and its contemporary focus. Recent case law is explored and some challenges for the future outlined. While the need for the Act remains, it may be timely for a fuller review to be undertaken.

scholarly journals Indirect Effect of EU Law under Constitutional Scrutiny – the Overview of Approach of Czech Constitutional Court

2016 ◽  
Vol 16 (1) ◽  
pp. 69-82
Author(s):  
Ondrej Hamuľák ◽  
Tanel Kerikmäe
Keyword(s):  
Czech Republic ◽  
Indirect Effect ◽  
Case Law ◽  
State Responsibility ◽  
Constitutional Court ◽  
Eu Law ◽  
Arrest Warrant ◽  
European Arrest Warrant ◽  
Ideal Tool ◽  
The Eu

Summary The paper deals with the non-normative impacts of the EU law in the national legal systems (Czech Republic in particular) and focuses on the approach of the Czech Constitutional Court (CCC) towards the so-called principle of indirect effect of EU law. The authors examine the case law of CCC and offer the conclusions about the place, constitutional relevance and (national) limits of the EU-consistent interpretation of national law. CCC up to date case law clearly indicates that a EU-consistent interpretation is the most ideal tool for meeting the Czech Republic’s membership obligations. But it is simultaneously a tool for preserving the autonomy of the national authorities applying law and reduces possible tensions between supranational and nation law. CCC accepts the indirect effect broadly and used this concept even in controversial cases (European arrest warrant, State responsibility for damages etc.). But still it does not approach this effect without reservations. CCC points on the necessity to protect the fundamental constitutional values (‘Solange’ concept) even in connection with the duty of EU-consistent interpretation.

scholarly journals FEMINIST PERSPECTIVES ON TORT LAW

2013 ◽  
Vol 25 (1) ◽  
pp. 265-272
Author(s):  
Carol Brennan
Keyword(s):  
Decision Making ◽  
Civil Law ◽  
Tort Law ◽  
Case Law ◽  
Human Face ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Tort System ◽  
Feminist Perspectives ◽  
The Way

Janice Richardson and Erika Rackley (eds), Routledge 2012, ISBN 978-0415619202 Price £80.00 hbBecause it is the area of civil law with a distinctly human face, students often initially find tort law accessible; sometimes deceptively so. Early on, they are introduced to the importance of policy in the development of case law. Often this policy is not articulated, so a skill must be developed of reading between the lines, in order to discern the influence upon judicial decision-making of concerns such as those about the ‘floodgates’, or perhaps defensive practice. But additionally, both students, their teachers and users of the tort system, must be appraised that explicit assertions about ‘policy’ are premised upon much more fundamental and elusive assumptions about the way society does or should operate.

Verfassungsgerichtliche Entscheidungsfindung und ihre Folgen

2020 ◽  
Author(s):  
Maria Abad Andrade
Keyword(s):  
Decision Making ◽  
Theoretical Models ◽  
Case Law ◽  
Decision Making Process ◽  
Constitutional Court ◽  
Institutional Autonomy ◽  
Constitutional Courts ◽  
Law And Politics ◽  
Decision Making Processes ◽  
First Time

How do constitutional courts decide and how do institutional factors affect decision-making processes and their outcomes? This book answers these questions—in a way that is relevant for law and politics—in two steps. In the first place, it develops possible theoretical models of constitutional courts’ decision-making. Thereafter, they are applied to the politically significant Turkish Constitutional Court (1962–2012) for the first time. Using interviews with former judges and analyses of court rulings, the author proposes that ‘unfavourable coupling’ takes place at the Turkish Constitutional Court in the form of a decision-making logic that follows majority principles combined with a process that requires a willingness to compromise and seek consensus for the court to function appropriately. This coupling affects the court’s decision-making process, its case law and, indirectly, even its ability to gain institutional autonomy and authority.

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