2014Unpublished venueRequires access

Rovnost a zásluhovost v právu

Dušan Čurila

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Abstract

My thesis deals with equality and merit in law. These fundamental criteria of justice have enormous importance in law. First of all, I characterize both criteria in my thesis in law-theory aspects. In next part of my thesis I offer an analyse of both criteria and their application in some acts of Czech and Slovak law system and in the case law of some Czech and Slovak courts. I analyze the criterion of equality in the case law of the Supreme Court of Czech Republic, in the case law of the Supreme Court of the Slovak Republic and the Supreme Administrative Court of the Czech Republic. After that I analyze the criterion of merit in the case law of the Constitutional Court of the Czech Republic, in the case law of the Constitutional Court of the Slovak Republic and of the Supreme Administrative Court of the Czech Republic.

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What this paper is about

My thesis deals with equality and merit in law. These fundamental criteria of justice have enormous importance in law. First of all, I characterize both criteria in my thesis in law-theory aspects. In next part of my thesis I offer an analyse of both criteria and their application in some acts of Czech and Slovak law system and in the case law of some Czech and Slovak courts. I analyze the criterion of equality in the case law of the Supreme Court of Czech Republic, in the case law of the Supreme Court of the Slovak Republic and the Supreme Administrative Court of the Czech Republic. After that I analyze the criterion of merit in the case law of the Constitutional Court of the Czech Republic, in the case law of the Constitutional Court of the Slovak Republic and of the Supreme Administrative Court of the Czech Republic.

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Available abstract

My thesis deals with equality and merit in law. These fundamental criteria of justice have enormous importance in law. First of all, I characterize both criteria in my thesis in law-theory aspects. In next part of my thesis I offer an analyse of both criteria and their application in some acts of Czech and Slovak law system and in the case law of some Czech and Slovak courts. I analyze the criterion of equality in the case law of the Supreme Court of Czech Republic, in the case law of the Supreme Court of the Slovak Republic and the Supreme Administrative Court of the Czech Republic. After that I analyze the criterion of merit in the case law of the Constitutional Court of the Czech Republic, in the case law of the Constitutional Court of the Slovak Republic and of the Supreme Administrative Court of the Czech Republic.

Key concepts: Czech, Law, Supreme court, Slovak, Political science, Constitutional court, Precedent, Common law

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