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Konstitucinės justicijos institucijos Baltijos šalyse (Estija, Latvija, Lietuva) / The institutions of the constitutional justice in the Baltic states (Estonia, Latvia, Lithuania)Pilybaitė, Indrė 04 January 2007 (has links)
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]
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Obecně závazné vyhlášky obcí / Municipal by-lawsKuchař, Karel January 2018 (has links)
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...
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The equally satisfactory process of amparo: Implications of the preceding claims Elgo Rios in replacement workers in the private sector / La vía igualmente satisfactoria al proceso de amparo: implicancias del precedente Elgo Ríos en la pretensión de reposición de trabajadores del sector privadoOsorio Véliz, Rosa Valeria, Castillo Fuentes, Diego 12 April 2018 (has links)
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.
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Precedents without precedent: substantially equal cases as causal of rejection of the resources of constitutional remedy / Precedentes sin precedente: los casos sustancialmente iguales como causal de rechazo de los recursos de agravio constitucionalCruces Burga, Alberto 30 April 2018 (has links)
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.
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Model ústavního soudnictví v ČR / The model of constitutional judiciary in the Czech RepublicHoscheková, Patricia January 2016 (has links)
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...
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Intertemporální účinky derogačních nálezů Ústavního soudu / Intertemporal effects of derogational decisions of the Constitutional CourtAskari, Daniel January 2016 (has links)
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.
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Equality and non discrimination in tertiary education for the visually impairedPillay, Justin January 2009 (has links)
Magister Legum - LLM / South Africa
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Volební systém do Poslanecké sněmovny Parlamentu České republiky / Electoral System to the Chamber of Deputies of the Parliament of the Czech RepublicVoclová, Karolína January 2013 (has links)
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.
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Domestic partners and the "Choice argument" : Quo vadis?Bester, B.C. (Ben Coetzee) January 2014 (has links)
In the absence of formal legal recognition, domestic partners (i.e. persons who cohabit outside of marriage) are required to regulate the consequences of their relationship by utilising alternative regulatory measures and remedies which are, for the most part, inadequate. The traditional justification used to differentiate between domestic partners and spouses is known by some as the “choice argument”. The choice argument is based on the rationale that persons who choose not to marry cannot claim spousal benefits. It understands choice narrowly as it only takes into account an objective legal impediment to marriage. As such, it has been the driving force behind the non-recognition of heterosexual domestic partnerships. Same-sex domestic partners have, however, been able to sidestep the choice argument considering that their sexual orientation has until recently been an objective legal impediment against marriage. According to the majority of legal commentators the enactment of the Civil Union Act 17 of 2006 has removed the objective legal impediment against same-sex marriage. As such, they argue that the choice argument should now be applied to both heterosexual and same-sex domestic partners equally. The Constitutional Court has, however, held that unless the legislature intervened the benefits accrued by same-sex domestic partners prior to the enactment of the Civil Union Act 17 of 2006 should be available to them exclusively. As the legislature has not yet done so, the legislature does not appear to view the choice argument as being equally applicable to heterosexual and same-sex couples. Taking into consideration the choice argument’s narrow understanding of choice, together with the possible unfair discrimination caused by its application, an alternative theoretical basis for the future recognition and regulation of domestic partnerships has to be found. Three possible solutions will be investigated in this study, namely, the model of contextualised choice, the function-over-form approach, and finally, the Smith model. Because of the invasive effect of the latter two approaches, the study advocates for the adoption of the model of contextualised choice. If adopted it will imply that the subjective considerations of domestic partners will be taken into account and they will be afforded a minimum degree of protection based on need. If this approach is adopted it must be determined to what extent it is supported in proposed legislation. Accordingly, it has to be investigated whether proposed legislation provides domestic partners with need-based claims while still upholding the established differences between domestic partnerships and formalised relationships. It is ultimately concluded that the proposed legislation will have the effect of blurring the differences insofar as registered domestic partnerships are concerned. The reason for this is that such a partnership comes into existence through a public expression of the partners’ commitment and, as such, does not really fall within the ambit of the definition of a domestic partnership in the narrow sense of the word. With regard to unregistered domestic partners, it is concluded that the proposed legislation goes too far in protecting unregistered partners’ proprietary rights (even if only on an ex post facto basis) as these claims are not based on need. As such, it is recommended that the proposed legislation be redrafted. If not redrafted the proposed legislation can possibly have the effect of not only infringing on the autonomy of one or both of the partners but also create a regulatory system which does not fully appreciate the differences between marriage and domestic partnerships. / Dissertation (LLM)--University of Pretoria, 2014 / gm2015 / Centre for Human Rights / LLM / Unrestricted
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Obecně závazné vyhlášky obcí / Municipal by-lawsStuchlík, Karel January 2019 (has links)
Generally binding ordinances of municipalities Abstract This thesis deals with generally binding ordinances of municipalities. Generally binding ordinances are legal regulation which issue municipalities in independent competence on the basis of Article 104 Paragraph 3 of the Constitution of the Czech Republic. It is necessary to distinguish them from decree of municipality issued in delegated competence according to Article 79 Paragraph 3 of Constitution. The approach to generally binding ordinances significantly influenced the Constitutional Court. The first chapter deals with constitutional and legal basics of local administration generally, also with territorial and personal basis and independent and delegated competence of municipalities. The second chapter analyses in more detail process of passing of generally binding ordinances and potential public involvement on this process, also content requirements and structure of generally binding ordinances. It deals also with announcement and record of legal regulation of municipalities and draws attention to planned colection of legal regulation of municipalities and regions. Part of the chapter is dedicated to role of Minstry of the Interior, which administers supervision of issue and content of generally binding ordinances, and to proceedings before the...
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