PrF:MVV57903K Courts and Judges - Course Information
MVV57903K Courts and Judges
Faculty of LawAutumn 2014
- Extent and Intensity
- 1/1. 3 credit(s). Type of Completion: k (colloquium).
- Teacher(s)
- prof. JUDr. David Kosař, Ph.D., LL.M., J. S. D. (seminar tutor)
- 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 22. 9. to Fri 19. 12. each odd Tuesday 16:40–18:10 126
- Timetable of Seminar Groups:
MVV57903K/02: No timetable has been entered into IS. 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 25 student(s).
Current registration and enrolment status: enrolled: 0/25, only registered: 0/25, only registered with preference (fields directly associated with the programme): 0/25 - fields of study / plans the course is directly associated with
- 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.
- Syllabus
- 1. The Role of Courts - 2. Atributy soudu - 3. Judicial Independence I. - 4. Judicial Independence II. - 5. Judicial Accountability - 6. Judicial Impartiality (recusal) - 7. Courts vs. The Legislature: Judicial Review - 8. The Legislature vs. Courts: Statutory Overrides - 9. Courts vs. The Executive: Political Question Doctrine - 10. Judges vs. Judges - Separate Opinions - 11. The Public vs. Courts: Criticism of Judges - 12. Judicialization of Politics
- 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 three options for the final paper (2.500-4.000 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) an integrative, critical book review of at least two books dealing with courts or judges; or 3) an integrative, critical case note covering at least two books judicial decisions affecting courts or judges. The seminar paper’s topic or choice of reviewed books must be pre-approved by the instructor.
- Language of instruction
- Czech
- Follow-Up Courses
- Further comments (probably available only in Czech)
- The course is taught annually.
- Enrolment Statistics (Autumn 2014, recent)
- Permalink: https://is.muni.cz/course/law/autumn2014/MVV57903K