MVV57903K Courts and Judges

Faculty of Law
Autumn 2017
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. (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
Mon 25. 9. to Fri 22. 12. each odd Tuesday 16:40–18:10 126
  • Timetable of Seminar Groups:
MVV57903K/01: Mon 2. 10. to Fri 22. 12. each even Tuesday 16:40–18:10 126, D. Kosař
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)
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 2018, Autumn 2019, Autumn 2020, Autumn 2021, Autumn 2022, Autumn 2023, Autumn 2024.
  • Enrolment Statistics (Autumn 2017, recent)
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