<p>The focus of this paper is the right of the visually impaired to access tertiary education that is not unfairly discriminative and unequal. The study is intended to highlight the inadequacy in the current legislation on equality such as the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 and the Higher Education Act 101 of 1997 in properly promoting the ideals and purpose of constitution. Furthermore to analyse the constitutional court's approach to equality and non discrimination in order to provide solutions and recommendations for changes to existing legislation that is indeed to be effective.It also aim to define what it means to have equality for the visually impaired, more especially in tertiary education through the constitutional court's definition of equality...</p>

Constitution bails of legal proceeding we can understand like unit of laws beingin Constitution, which determine constitutional positions for court and judge. Law system secure independence of the judge and the court of the Republic of Lithuania from other govermance branch or individual person. Alongside, it guarantee fairminded and unprejudiced procecution of the justies.

In this work author pursuing to compare Estonian, Latvian and Lithuanian institutions of the constitutional justice, bring out similarities and differences. To take notice of place of these institutions in states government system, method of formation, judge status, jurisdiction of institutions, process basic features, and determined judgments legal force. Of every democratic countries law systems fundament is constitution, so it is very important to guarantee the supremacy of law. Undoubtedly institutions of constitutional justice takes up one of the important place in assurance of constitutional conformity in state. author analyses institutions which implement constitutional control in most related neighbor countries: Lithuania, Latvia and Estonia. In Lithuania and Latvia to fulfill this function there are established special institutions – Constitutional courts, meanwhile in Estonia this function is dedicated to supreme instance of common court system – Supreme Court, and if to make clear, one of constituent part of this court – Constitutional Review Chamber. Also, the fundamental models of constitutional justice and it's variety, and the history of constitutional justice institutions in Baltic states were discussed in brief in this work. Author analyses, why these institutions are considered to be a part of common court system. Basing on descriptive, comparative and analysis method were investigated the order of these institution formation, legal status of judges, the... [to full text]

Generally binding ordinances of municipalities] Abstract This thesis deals with generally binding ordinances of municipalities. A generally binding ordinance is a legal regulation that is, in accordance with the provisions of Article 104 Paragraph 3 of the Constitution of the Czech republic, issued by the municipal council. This is significant and we can say the unique expression of the right of municipalities to self- government, which is also guaranteed by the municipalities at the constitutional level. After the first chapter in which the necessary terms for the following text are defined, follows the chapter focused on the constitutional and legal bases of issuing of generally binding ordinances. This chapter also describes the Constitutional Court's first judgement concerning with generally binding ordinances and subsequent discussion which this judgement provoked. This chapter is followed in the fifth chapter of the thesis, which focuses on the development of the case law of the Constitutional Court and describes its further development. Especially, the attention is focused on judgement Pl. ÚS 45/06 and on the change of the legal opinion of the Constitutional Court with this judgement related. The third chapter deals with selected topics related to the issuance of generally binding ordinances. In its...

This article analyzes the content of the judgment Elgo Rios, to see if really that judgment represents a change of direction before the criteria handled by the Constitutional Court. This will explain the implications of procedural rules implemented for the recruitment in the private system over the previous precedent governing the origin of labor protection, that is, the judgment on the record 206-2005-PA, the precedent Baylon. / El presente artículo tiene como objetivo analizar el contenido de la sentencia Elgo Ríos, para verificar si realmente dicha sentencia representa un cambio de dirección a los criterios antes manejados por el Tribunal Constitucional. Así se explicará las implicancias de las reglas procesales implementadas para el caso de la contratación en el régimen privado con respecto del anterior precedente que regía la procedencia del amparo laboral. Esto es, la sentencia recaída en el expediente 206-2005-PA, el precedente Baylón.

There are several judgments of the Constitutional Court that have marked important precedents.These precedents contain a normative element, which determines the jurisdictional action in a great number of future acses.In this article, the author develops how the judgment of the case Vásquez Romero has set a precedent of great importance regarding access to the Constitutional Court. The author will analyze the impact of this precedent on the grounds for rejection of the constitutional grievance remedies as they are substantially equal cases. / Son diversas las sentencias del Tribunal Constitucional que han marcado importantes precedentes. Dichos precedentes contienen un elemento normativo, lo que determina la actuación jurisdiccional en un gran número de casos futuros.En el presente artículo, la autora desarrolla como la sentencia del caso Vásquez Romero ha marcado un precedente de gran importancia respecto del acceso al Tribunal Constitucional. La autora analizará el impacto de dicho precedente en la causal de rechazo de los recursos de agravio constitucional por tratarse de casos sustancialmente iguales.

Název práce v anglickém jazyce: The model of constitutional judiciary in the Czech republic My Master's degree thesis deals with the constitutional judiciary model in the Czech republic. The aim of my work is mainly to describe the present functional Czech judicial control of constitutionality, give a short insight into it's history and briefly mention models of constitutional judiciary of some other countries. Besides the introduction and the conclusion the thesis consists of four parts (or chapters). In the first chapter of my work I am defining the terms: "control of constitutionality" and "constitutional judiciary" and I am writing about the history and development of constitutional judiciary on our teritory from the Habsburg monarchy till the present Constitutional Court existing from 1993. The second chapter is dealing with models of constitutional judiciary in general and shortly tries to describe it's adjustment in the neighboring countries of Germany, Austria, Poland and Slovakia. The constitutional judiciary in these states is very similar to the Czech model. To mention at least one different model I am offering a short excursion into the American "judicial review". The main part of the thesis shows the current resemblance of the constitutional judiciary in the Czech republic: it's...

The thesis deals with temporal effects of decisions of the Constitutional Court, by which a statute is repealed due to its unconcstitutionality. Since the relevant provisions are not sufficiently comprehensive, various problems and doubts arise in legal reality. The thesis summarizes the relevant theoretical premises, which should allow for finding answers to questions related to the topic of the thesis. The relevant case-law is also summerized and subjected to partial criticism. The paper also deals with specifics of criminal law and civil law, including horizontal effect. It also specifically addresses the issue concrete constitutional review a and the phenonmenon of so called resurrection of law when a derogational statute is derogated.

Magister Legum - LLM / South Africa

The aim of this thesis is to evaluate the formation and the development of the electoral system to the Chamber of Deputies of the Parliament of the Czech Republic, with a focus on the impact of the decisions of the Constitutional Court on the current variables of an electoral system. The first part (the theoretical one) offers an explanation of the main terms used in the area of electoral systems. It especially deals with a classification of electoral systems by presenting the two main families of the electoral systems. Furthermore, an explanation of the basic terms used in the area of electoral systems is provided. The two main formulas for a seat allocation to parties are explained. The second part of the thesis is broader. It concentrates on the electoral system used in the Czech Republic for elections to the Chamber of Deputies. First of all, it pays attention to the formation of a constitutional provision concerning the electoral system. After that, it examines the electoral law relating to elections to the Czech Parliament, taking into account amendments of this piece of legislation. This part of the thesis also provides an in depth analysis of the decisions of the Czech Constitutional Court relating to the dimensions of the electoral law. Moreover, extensive parts are devoted not only to the implemented reforms of the electoral systems, but also to the ones that were not put into practice. Finally, recent proposals for amendments of the variables of the electoral systems are mentioned and evaluated.