In the graduation thesis, I will deal with searching the best and at the same time legal
decision based on justice, which will be a common denominator for both. In introduction, I will
split the terms justice and law, since they are not necessarily inseparably related. Throughout
the thesis, I will then try to join both of the terms again with the purpose to prove that only fair
legal decision is the best one. In the first part, I will focus on presentation of the theories that
have been dealing with justice. I will remain limited on the theories on material and formal
justice, substantive forms of justice, and methods of their substantive filling and
understanding, as well as perspectives of natural law and legal positivism on the idea of
justice. In the second part, I will present some examples that are believed to be difficult
decisions, and in what way we should understand the idea of justice in order to find the best
legal decision also in such cases. I will mention economic analysis of law, a question of
material truth, and judge’s decision-making freedom. In the third part, I will present two
decisions of courts. The first one is related to the decision of Constitutional Court in a case
when a complainant claims there is no legal basis for the challenged legal act and arguments
of the court which granted the appeal. The second case will be a judgement of a Higher
Court which deals with the appeal to judgement delivered on the basis of agreement on guilt
confession, therefore, without a precise establishment of the material truth about the event.
At the end, I will particularly focus on negotiations and agreement on guilt confession and
express second thoughts about adequacy of the institute that sacrifices establishment of
material truth at the expense of the court backlogs. In the conclusion, I will confirm the
hypothesis that among several possibilities, the best one is only one legal decision, but only
if interprets justice in all of its complexity.
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