Wednesday, February 11, 2015

Forget it, that law is a


Forget it, that law is a "set of valid legal norms." Real right is a different world: it is an intellectual challenge, CONTEXT, entertainment, art, vocation, life ... THIS BLOG NEWS BRINGS A RANDOM OBSERVATIONS FROM THE WORLD OF NON-INFRINGEMENT.
"So we canceled and returned again," decorative contact paper sighed aloud unnamed judge of coffee with the President of the Senate. "And again we were tied by his legal opinion," he added, over-enunciates every syllable in the sentence. The slight crooked smile flashed his face only when when he realized that this is his thing, which is in line with the work schedule presented as a new case. End of Month at the door and a few dashes ...
Allegiance legal opinion of a higher court is a key organizing principle of the judicial systems of modern states. Greater takes. decorative contact paper Expressed one experienced decorative contact paper judge in his judicial průpovídkách to spawn, those at the top are simply bigger stamp. However, there is a stamp stamp. There is no such allegiance allegiance. I stamp size is a matter of perspective. It may be a stamp in a case in which the superior court canceled and returned concrete decisions. Stamp in such a file is large and heavy. It is bound by the legal opinion of appeal in superior court. Stamp in another case, which is indeed factually or legally similar but superior court specifically ruled there is narrowing. In this case, as the broader normative decorative contact paper action case, thus respecting the legal opinion decorative contact paper of the superior court in general in other similar cases. Stamp size similar types of cases is a matter of perspective decorative contact paper of individual judges; one bow before the majesty of the elephant, the second CuLi the little marmot. PRINCIPLE OF LARGER RAZÍTKA principle of "bigger stamp" that is bound by the legal opinion of the superior court, arises when an appeal is born. Within the secular justice ie before some two hundred or three hundred years ago. The principle is not imposed without any problems. More specifically, in the Central European area of justice in general and particularly in the Czech Republic has experienced over the last century several jumps. Austrian roots Czech justice based on bureaucratic and hierarchical vision decorative contact paper of the judicial system, where the size of the stamp really decorative contact paper mattered. Judicial befits listen to the nobility. To quantitatively very different decorative contact paper measure of "listening" of the nobility, however, occurs in the Stalinist period and subsequent real socialism. Here is the "bigger stamp" hides ledasjaká nobility. Not only the judicial, but also the political. 1989 revolution nicknamed "velvet". decorative contact paper Nick gives the impression that it is actually "so much has happened." The principle of "more stamps" and listening to the nobility, however, gradually came precarious cracks up next to their utter negation. It's about to make a revolution; if the previous regime claimed "Be A" decorative contact paper What kind so we were not revolutionaries, now if we did not ask, "Be A non". Thus, if the character of the standardization system obedience, be it by a new system of disobedience. If before 1989 the independence of judges over-emphasized, a practice not to mention the post-revolutionary decorative contact paper period, then put the independence of judges on a pedestal. A similar procedure decorative contact paper would in itself absolutely correct. Centripetal force of symbols in political debate, however, meant that under the label of "independence of judges" selling goods that do not belong to her. The nineties of the last century are so marked by justice as a learning environment for Brownian motion. Randomly moving particles with hypertrophied rhetoric judicial "independence" which confuses judicial independence with the controllability of a maverick. Allegiance legal opinion of the superior court, let alone the Constitutional Court? This is in conflict with my judicial independence, mister! Constitutional Court? Bind me only "enforceable judgment," that is only a statement that one is "enforceable". The rest is my sausage. Strasbourg jurisprudence? That he still heads to the state and it is his international commitment, which has no impact on me, Czech judge. These and similar opinions were not rare. Although it would be great if we could today be seen as a period longer just curiosities, here and there sometimes fade, or are re-emerging in different forms. Illustrative in this respect, for example, the recent proposal of a judge of the District Court in Prešov to the Constitutional Court of the Slovak Republic. In it, the judge seriously proposes that the Constitutional Court annulled Slovak Civil Procedure, which provides decorative contact paper first-instance court bound by the legal opinion of the appeals unless the appellate court decision finding court set aside and referred the matter back. The order for the judge perceives the contested provisions as inconsistent with the Constitution of SR, which ensures that judges are in the performance of their duties independently. As a reason for the referral of the matter to the Constitutional Court Prešov judge stated that to him superior regional decorative contact paper court in its judgment annulling expressed in law upon

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