Modern society is based on respect for the individual and at the same time it has created the institute of justice under which parties, in the interest of maintaining social cohesion, should resolve their disputes using the system of applying rights. The task of the judiciary is therefore to be an impartial arbiter, which is an absolute criterion for the acceptance of authoritativeness of this body, or more precisely the functionality and signification of this institute within the social contract. Only an unbiased judge can be the only guarantee for the nemo iudex in causa sua principles to be observed. The European Convention imposes on the states - members of the Council of Europe such legal conditions which guarantee every country the right for their affairs to be discussed fairly, in public and in a reasonable time limit by an independent and impartial court established by law which will decide about their civil rights and obligations or of any criminal charges raised against them. The Constitutional Order of the Czech Republic guarantees everybody the right to a fair trial conducted in accordance with the law before an impartial judge. Constitutional guarantees of fair legal proceedings before an impartial judge are supplemented with legal rules of the sub constitutional law. Yet, it is the...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:338624 |
| Date | January 2014 |
| Creators | Žižko, Igor |
| Contributors | Suchánek, Radovan, Janstová, Kateřina |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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