MVV57903K Courts and Judges

Faculty of Law
Autumn 2023
Extent and Intensity
1/1/0. 3 credit(s). Type of Completion: k (colloquium).
Taught in person.
Teacher(s)
JUDr. Ondřej Kadlec, J.D., MPhil, Ph.D. (lecturer)
prof. JUDr. David Kosař, Ph.D., LL.M., J. S. D. (lecturer)
Mgr. Bc. Michal Kovalčík (lecturer)
Mgr. et Mgr. Katarína Šipulová, Ph.D., MSt (lecturer)
Guaranteed by
prof. JUDr. David Kosař, Ph.D., LL.M., J. S. D.
Department of Constitutional Law and Political Science – Faculty of Law
Contact Person: Andrea Kalivodová, DiS.
Supplier department: Department of Constitutional Law and Political Science – Faculty of Law
Timetable
Mon 25. 9. to Fri 22. 12. each odd Tuesday 14:00–15:40 215
  • Timetable of Seminar Groups:
MVV57903K/01: Mon 2. 10. to Fri 22. 12. each even Tuesday 14:00–15:40 215, D. Kosař
Prerequisites
SOUHLAS
A very good knowledge of English and willingness to engage with substantial amount of readings for each session.
Course Enrolment Limitations
The course is also offered to the students of the fields other than those the course is directly associated with.
The capacity limit for the course is 20 student(s).
Current registration and enrolment status: enrolled: 11/20, only registered: 1/20, only registered with preference (fields directly associated with the programme): 1/20
fields of study / plans the course is directly associated with
  • Law (programme PrF, PR_)
  • Law (programme PrF, M-PPV)
Course objectives
At the end of this course the student will be able: - to understand the role of courts and judges in modern society - to engage in a sophisticated discussion about the functioning of courts that goes beyond individual disputes - to understand both the legal arguments and the view from the political science perspective - to define key attributes of a court - to explain basic values attached to the judicial office (independence, impartiality and accountability) and their relationship - to understand the interaction between courts and judges on the one hand and other actors (the legislature, the executive, the people and the media) - to distinguish and interpret majority opinions, minority opinions and plurality opinions - to support her arguments with the relevant case law of the Czech Constitutional Court, the European Court of Human Rights, the Court of Justice and foreign courts - to critically analyze the current practice and case law - to apply the accrued knowledge to new problems, where no prior case law or practice exists.
Learning outcomes
At the end of this course the student will be able: - to identify a summarize the leading cases of the Czech Constititutional Court, ECtHR and CJEU concerning judicial independence and other aspects of court administration - to identify and describe contemporary Czech and foreign trends in court administration - to write an essay analyzing a current problem within the judiciary - to apply principles of judicial independence on practical problems - to analyze the most recent scientific results affecting the judiciary
Syllabus
  • 1. The Role of Courts - 2. Domestic vs International Courts - 3. Judicial Independence and Judicial Impartiality (Recusal) - 4. Judicial Accountability and Criticism of Judges - 5. Case study - 6. Selection of Judges - 7. Judicial Self-Governance: Court Presidents and High Councils for the Judiciary - 8 - Informal judicial practices - 9. Debate with a guest - 10. Judges vs. Judges - Separate Opinions - 11. Lay Judges - 12. Simulation of Parliamentary Debate
Literature
    required literature
  • 1. Úvod do problematiky • MARTIN SHAPIRO, Courts (University of Chicago Press. 1981), chapter 1. • RICHARD A. POSNER, How Judges Think (Harvard University Press. 2008), chapter 3. 2. Atributy soudu • Nález Ústavního soudu ČR, sp. zn. Pl. ÚS 33/09, 29. 9
Teaching methods
lectures, class discussion, take-home readings, final paper
Assessment methods
Final seminar paper. Students may chose one of two options for the final paper (2.500-5.000 words, footnotes excluded): 1) a research paper on a topic dealing with, or directly related to, one of the seminar’s main themes; or 2) a critical review essay (not a book review) of a book dealing with courts or judges. The seminar paper’s topic or choice of reviewed books must be pre-approved by the instructor by 22. 11. 2021. Final papers are due on 22. 1. 2022. It is important to note that a review essay must meet the same criteria as a research paper (author's own analysis and arguments, reflecting the state of the art, contextualization etc.).
Language of instruction
Czech
Follow-Up Courses
Further comments (probably available only in Czech)
Study Materials
The course is taught annually.
The course is also listed under the following terms Autumn 2012, Autumn 2013, Autumn 2014, Autumn 2015, Autumn 2016, Autumn 2017, Autumn 2018, Autumn 2019, Autumn 2020, Autumn 2021, Autumn 2022, Autumn 2024.
  • Enrolment Statistics (recent)
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