This article considers the nature of interpretation as important question in constitutional interpretation from a theonomic epistemological perspective. Theonomic epistemology is summarily described. The modem language philosophy's view of the nature of interpretation is then investigated, after which a theonomic definition of interpretation and hermeneutics is suggested. Different approaches to interpretation commonly found in legal practice are evaluated on the basis of the suggested definition. The theonomic approach is then applied to another issue in constitutional interpretation, the nature of the judicial function, and broad guidelines are given for the practical application of theonomic epistemological considerations. / Hierdie artikel ondersoek die wese van interpretasie as belangrike vraagstuk by grondwetuitleg vanuit die perspektief van die teonome epistemologie. Die teonome epistemologie word oorsigtelik beskryf. Die modeme taalfilosofie se beskouing van interpretasie word dan behandel, waama 'n teonome definisie van interpretasie en hermeneutiek voorgestel word. Die verskillende uitlegbenaderings wat algemeen in die praktyk voorkom, word aan die hand van die voorgestelde definisie geevalueer. Vervolgens word die teonome benadering op 'n ander vraagstuk van grondwetuitleg - die aard van die regterlike funksie - toegepas, en word bree riglyne vir toepassing van teonome epistemologiese oorwegings in die praktyk van regspraak gegee. / Department of Constitutional International & Indigenous Law / LL.M.

The overall aim of the thesis is to explore legislators’ perceptions of unaccompanied children in the development of migration law, and how case-officers transform the policy in arguments for and against residency in asylum-cases. More specifically, this thesis explores how Swedish legislators experienced parliamentary work when putting in place the 2005 Aliens Act and the new system for appeals and procedures. In addition, it explores legislators understanding of the concept of unaccompanied minors, and how the Swedish Migration Agency (SMA) case-officers understand unaccompanied minors’ credibility. It draws on interview data with 15 legislators of the Swedish parliament and an analysis of 916 decisions in asylum cases concerning unaccompanied minors. The thesis is theoretically informed by interpretative phenomenology and social constructionism. The method used builds on detailed coding procedures in qualitative social research as they are applied in interpretative phenomenological analysis (IPA), thematic analysis and text analysis. Study 1 examines the experiences of 15 legislators when negotiating migration reform in parliament. The findings indicate that the preceding political negotiations can be one of the reasons for unclear aims when politicians’ propose new legislation. In addition, it seems that other policy areas, such as fiscal considerations and state-municipality relations, took precedence in the negotiations when the legislators were attempting to make sense of their experiences in discussing asylum policy. Study 2 explores legislators’ perceptions of unaccompanied minors arriving in Sweden. The findings show that chronological age is a key reference point concerning how legislators understand unaccompanied minors’ claims for asylum and other needs. In addition, the findings suggest that legislators perceive unaccompanied minors as an ambivalent category and that this understanding is influenced by deep-rooted welfare ideology. Furthermore, the findings indicate that legislators develop policy concerning unaccompanied children without considering that they need to be recognised as individuals with different backgrounds, agendas and needs. Study 3 scrutinises how SMA case-officers construct unaccompanied minors credibility in asylum decisions. It shows that case-officers use similar techniques both when approving and rejecting decisions. These techniques consistently question the competence and political agency of the chid in such a way that the element of individual assessment in asylum procedure can become severely restricted. In brief, this thesis identifies that the connection between migration and child policy is complex as legislators appear to struggle with “drawing the limits” of who to include or exclude in policy aims. Hence, the juridical field was seen as the answer to improve legitimation. This also means that the concept of asylum has become de-politicised. In addition, case-officers also seem to use a limited repertoire of arguments when drawing the limits for unaccompanied minors’ credibility in asylum decisions. This thesis points to possible dilemmas in asylum policy and procedure concerning unaccompanied minors. / <p>At the time of the doctoral defense, the following papers were unpublished and had a status as follows: Paper 1: Accepted. Paper 3: Manuscript.</p>

This article considers the nature of interpretation as important question in constitutional interpretation from a theonomic epistemological perspective. Theonomic epistemology is summarily described. The modem language philosophy's view of the nature of interpretation is then investigated, after which a theonomic definition of interpretation and hermeneutics is suggested. Different approaches to interpretation commonly found in legal practice are evaluated on the basis of the suggested definition. The theonomic approach is then applied to another issue in constitutional interpretation, the nature of the judicial function, and broad guidelines are given for the practical application of theonomic epistemological considerations. / Hierdie artikel ondersoek die wese van interpretasie as belangrike vraagstuk by grondwetuitleg vanuit die perspektief van die teonome epistemologie. Die teonome epistemologie word oorsigtelik beskryf. Die modeme taalfilosofie se beskouing van interpretasie word dan behandel, waama 'n teonome definisie van interpretasie en hermeneutiek voorgestel word. Die verskillende uitlegbenaderings wat algemeen in die praktyk voorkom, word aan die hand van die voorgestelde definisie geevalueer. Vervolgens word die teonome benadering op 'n ander vraagstuk van grondwetuitleg - die aard van die regterlike funksie - toegepas, en word bree riglyne vir toepassing van teonome epistemologiese oorwegings in die praktyk van regspraak gegee. / Department of Constitutional International and Indigenous Law / LL.M.

Contemporary society is increasingly influenced by computers and internet environment and it meets with issues related to cybercrime. There are already a number of laws, whether at EU or national governments, which are trying to reduce or prevent risks associated with hackers, cyber terrorism or any other illegal activities in cyberspace. Thesis "Cyber security and legislation of the Czech Republic", is divided into two main parts. In the first theoretical part, the reader apprise with cybercrime in general. You can read about methods of investigation, types of illegal activities and how to prevent such practices. The second part consists of an analysis of the current legislation of the Czech Republic, EU and Legislative intent of the law on cyber security. I will describe the bill, analyze and appraise its benefits to society. In conclusion of this thesis, I will summarize the achievement of results and objectives of the work.