The purpose of my thesis is to analyze the current system of court fees in regards to administrative justice. The goal of this work is to find difficulties that occur within its application and to provide an easy well-arranged outlook on answers to these difficulties. The inspiration for the nature of this analysis is the fact that no such work has been focused on these issues and the application methods. My thesis itself is composed of six separate chapters with each chapter corresponding to an ideal or aspect of administrative justice. The first chapter is wholly introductory in nature, while the second chapter covers basic terminology associated with this process. While the third chapter deals with the historical elements and evolutionary process of the system of court fees in administrative justice. Composing the main body of my thesis or fourth chapter in this selection, is my analysis of the current legal system of court fees in administrative justice and the main difficulties associated within its application. Chapter five consists predominantly of my personal reflections and my notions as to how the system may be improved. In the final chapter six, I formulate my conclusions as to the purpose of analyzing the current system of court fees in administrative justice. Thru outlining this...

Summary: Constitutional judiciary in Spain The subject of this thesis is constitutional judiciary in Spain. According to the Spanish Constitution of 1978 Spain belongs in the group of states which have established a system of concentrated and specialized constitutional judiciary. In the Czech legal literature is the Spanish constitutional judiciary mentioned mainly as a system based on the German constitutional judiciary, writings dedicated exclusively to the Spanish system are not very common. In spite of the fact that the legislative regulation of the Spanish Constitutional Court was really importantly inspired by the regulation of the Federal Constitutional Court of Germany (especially in the area of competencies of the Constitutional Court), there are also some significant particularities and typical features of the Spanish Constitutional Court which can be an interesting subject of an analysis. The aim of the thesis is to provide a characterization of the Spanish constitutional judiciary. Because of the limited length of the thesis this study does not contain a detailed analysis of all aspects of the Spanish constitutional judiciary. I have focused only on some topics of the Spanish constitutional judiciary, particularly on the topic of the position and the importance of the Constitutional Court in the...

Purpose of this thesis is to analyze impact of decisions of the Constitutional Court of the Czech Republic on current legislation on elections. The thesis contains several chapters on history of evolution of the Czech election laws as well as comparison of basis on which the current legislation stands. In the rest of the thesis author analyses decisions of the Czech Constitutional Court which have been published under number 243/1999 and 64/2001. Last part of the thesis is devoted to possible development of legislation on elections in the near future.

As a thesis topic I have chosen court's decision on the settlement of community property of spouses. Community property is a one of the fundamental property of civil law. Court's decision on the settlement is then one way of settlement of property after his end. Community property is usually settles after the death of her husband or after a divorce. It combines both substantive issues and procedural . The topic I chose it because in my opinion it is an interesting issue, law insufficiently treated, and in practice very often . Undoubtedly there is a lot of practical problems in settlement of marital property, mainly because of the situation in which settlement occurs, the settlement participants are usually very mentally challenging. Problematic is also the ignorance of the law , and often the unwillingness to respect the rule of law . The aim of this work was to focus on the issues arising from judicial settlement. These arise from the need to take into account the behavior of spouses before the marriage and then of interests to be protected. Initially, I ran into a problem very brief statutory regulation, but it turned out that, together with the case law is sufficient. With the entry of the New Civil Code in force on 1 First 2014 I then briefly summarized the changes introduced and commented on the...

Within the last decade text mining, i.e., extracting sensitive information from text corpora, has become a major factor in business intelligence. The automated textual analysis of law corpora is highly valuable because of its impact on a company's legal options and the raw amount of available jurisdiction. The study of supreme court jurisdiction and international law corpora is equally important due to its effects on business sectors. In this paper we use text mining methods to investigate Austrian supreme administrative court jurisdictions concerning dues and taxes. We analyze the law corpora using R with the new text mining package tm. Applications include clustering the jurisdiction documents into groups modeling tax classes (like income or value-added tax) and identifying jurisdiction properties. The findings are compared to results obtained by law experts. / Series: Research Report Series / Department of Statistics and Mathematics

This thesis deals with an issue of a right to legal aid. The aim of the thesis is to introduce how the right to legal aid as a one of the basic human rights falling within so called right to a fair trial is implemented in the Czech Republic. This thesis concerns with opportunities which has a person seeking for legal aid in the Czech Republic. An analysis of the implementation of the right to legal aid in practice is the core issue of the thesis. The analysis is divided according to subjects who participate on the implementation of this right. The thesis focuses on an impact of advocacy on implementation of the right to legal aid, role of courts regarding their duty to inform parties to legal proceedings. Last, but not least, there is a mention about other subjects participating on the implementation of the right to legal aid in the thesis. The end of the thesis considers the availability of legal aid in the Czech Republic, evaluation of the contemporary legal regulation of the provision of legal aid and with a view to the future law there are described some possible measures which may be adopted to improve the present situation in day-to-day implementation of the right to legal aid.

This diploma thesis Gnoseological implication of law application inquires the epistemology of judicial decisions, known as proving. The work does not confine itself to mere law rules of proving before the court; rather it focuses on the comprehensive theory of the judicial cognition, which dwells in the proving law basis is not always clearly defined. These basis or axioms of law epistemology are to be exploited and clarified by our paper. Except the introduction and the final conclusion, the analyses are divided into four chapters. The chapter Prolegomena k teorii poznání explores the general cognition philosophy with references to the critical reflection of the (both empirical and rational) cognitional possibilities. It is supposed to be a source of the scrutiny of the special judicial cognition. The following chapter Specifika poznávání v právu uses the descriptive method to study the main characteristics of the specific judicial cognition as long as they differ from the characteristics of the general cognition. The comparison of the theoretical and real law approach is also given a consideration. The chapter Pragmatická doktrína is trying to provide integration as well as a generalization of the previous discoveries and in the conclusion it aims to provide clear and explicit gnoseological theory...

Fundamental rights in tax case law of the Constitutional Court Abstract The thesis deals with the case law of the Czech Constitutional Court where the reason for the judicial review was a claimed infringement of a fundamental right or legal principle. The first part gives a brief description of the background, defining the theoretical and constitutional basis for judicial review of tax regulations and decisions, the relevant fundamental rights, and the methods and standards of review applied by the Constitutional Court, in general and tax case law. The core of the thesis is then an analysis of selected tax cases and Constitutional Court decisions. For each case there is a brief background outlining the circumstances under which a particular law was passed, followed by the analysis itself, and finally a summary of each case in terms of the rights or principles claimed / found to have been infringed and the methods and standards of review applied by the Constitutional Court. The results of the analyses are then summarised and compared against the general points of reference; then common elements of the cases and decisions are identified. The conclusion of the thesis is that in the cases analysed, the legal regulation in question had not been carefully enough examined from the perspective of its impact on...

Thesis advisor: Alan Rogers / Until the late 20th century marriage in the United States meant "the legal union of a man and a woman as husband and wife." In 2003, this was forever changed when the Massachusetts Supreme Judicial Court found a state law barring marriage between two individuals of the same sex unconstitutional in Goodridge v. Dept. of Public Health (2003). The case triggered a legal and social transformation for LGBT civil rights. Same-sex marriage has become one of the most widely discussed legal topics in the past ten years. This thesis examines the content, context, and significance of this particular case and the effect it has had on the American legal and cultural landscape. / Thesis (BA) — Boston College, 2015. / Submitted to: Boston College. College of Arts and Sciences. / Discipline: Departmental Honors. / Discipline: History.

Parmi les sociétés ayant fait l’expérience d’une transition politique au cours des années 1980, la Corée du Sud est d’ordinaire tenue pour un modèle de ‘‘réussite’’ démocratique et constitutionnelle. L’analyse interprétative du corpus jurisprudentiel sur laquelle le présent travail de recherche repose révèle cependant l’ambivalence qui a caractérisé la manière dont la cour a endossé son rôle de défenseur de l’ordre constitutionnel dans la période post-transitionnelle. Cette ambivalence se traduit par la dualité d’effets, libéraux et illibéraux, produits par les décisions de la cour à mesure qu’elle est intervenue dans le conflit majeur ayant opposé l’État sud-coréen et une partie de la société civile depuis le changement de régime : redéfinir les contours de qui, et ce qui, constitue l’ennemi après la transition. à travers la question polémique de l’ennemi, ce sont les dynamiques d’inclusion et d’exclusion au sein de la démocratie sud-coréenne qui ont été mises en jeu sur la scène constitutionnelle. la Cour constitutionnelle de Corée a joué un rôle paradoxal au regard de cette dispute, ou ‘‘mésentente’’, que son intervention a contribué à mettre à la fois en scène et en sommeil. / Among the countries which have experienced a political transition away from authoritarianism in the 1980s, South Korea is usually considered as a model of both democracy and judicial review. Relying on an interpretive reading of jurisprudence, the present research however uncovers the double-edged way in which the Constitutional Court of Korea has discharged its role as guardian of the constitution. A critical analysis of constitutional jurisprudence indeed reveals how the court’s commitment to define and defend the post-transition constitutional order has translated into both liberal and illiberal outcomes. This ambivalent dimension of the court’s role has unfolded as the institution came to intervene in the major dispute opposing the state and parts of civil society after the 1987 change of regime: reshaping the contours of enmity in the post-transitional period. Through the contentious issue of enmity, what has been put at stake in the constitutional arena is the very challenge of delineating the boundaries of inclusion and exclusion in South Korean democracy. in light of this task, constitutional justice has imposed itself as a paradoxical site, where the post-transitional disagreement about what counts as ‘‘national’’ and ‘‘anti-national’’ has been both staged and interrupted.