Publication details

Může soudce dělat divné věci? Funkčnost soudnictví jako limit kárné odpovědnosti

Title in English May a Judge Do Strange Things? Functionality of Judiciary as a Limit of Disciplinary Responsibility

HAPLA Martin

Year of publication 2020
Type Article in Periodical
Magazine / Source Jurisprudence
MU Faculty or unit

Faculty of Law

Keywords judiciary; disciplinary responsibility; judicial ethics; action of judge in public; legal moralism
Attached files
Description The author defends the thesis that the purpose of disciplinary responsibility is to ensure the functioning of the judiciary. This also implies his answer to the question of what actions we are to punish as disciplinary offences. An immoral, strange, offensive or undignified action of a judge should not in itself be a reason for imposing disciplinary punishment. This reason should only be a violation or threat to the functioning of justice. Of course, this can also be done with actions of immoral, strange, offensive, or undignified character. What is crucial here is their link to the functioning of the judiciary, not their very nature. This also applies to actions taken by a judge outside of their profession. The author illustrates these considerations on a case that has become known under the name Miss Monokiny in the Czech Republic.
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