MVV57903K Courts and Judges

Faculty of Law
Autumn 2024
Extent and Intensity
0/2/0. 3 credit(s). Type of Completion: k (colloquium).
In-person direct teaching
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 Špačková, DiS.
Supplier department: Department of Constitutional Law and Political Science – Faculty of Law
Timetable of Seminar Groups
MVV57903K/01: Mon 30. 9. to Fri 20. 12. Tue 14:00–15:40 215, D. Kosař
Prerequisites
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: 12/20, only registered: 0/20, only registered with preference (fields directly associated with the programme): 0/20
fields of study / plans the course is directly associated with
  • Law (programme PrF, PR_)
  • Law (programme PrF, M-PPV)
Course objectives
The course is divided into four main thematic areas, which focus on the role of courts and judges in modern society, the fundamental values the judiciary should protect, the actors (courts and judges at national and international level) and the unique characteristic of continental judiciaries. The core of the course rests on the theoretical background of individual aspects of the functioning of the courts and the discussion of selected decisions of the highest courts. The aim of this approach is to allow for a more challenging discussion of particular aspects of the functioning of the courts beyond individual litigation and to combine a political science perspective with a legal perspective. We will also focus on current issues (courts under attacks, the situation in Slovakia, Hungary, Poland, but also in Latin America), as well as cross-cutting themes (Who should be a judge? Gender and its role in decision-making; The lay element - a relic or an expression of civil justice?) Each of the thematic areas II, III and IV is concluded with a special seminar (case study, debate with representatives of the judiciary, model parliamentary debate).
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
  • I. Introduction to the topic: 1. The Role of Courts - 2. Domestic vs International Courts II. Core values under attack: 3. Judicial Independence and Judicial Impartiality (Recusal) - 4. Judicial Accountability and Criticism of Judges - 5. Case study III. Actors - internal, external, informal: 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 IV. Unique design of continental judiciaries: 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 2023.
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