Pojetí postavení a odpovědnosti soudce v historii a v současnosti (komparativní studie)

The article primarily aspires to provide an insight into the question of role of a judge in the society including his rights, duties and liability. In addition, the article tries to compare, in a bit lite way, the position of a judge in the current Czech legal order to the one within the Roman law. The article naturally does not cover or reflect all problems which could have arisen from the question on role of a judge and his liability but it concentrates on the most interesting ones. The authors to the article consider the above mentioned comparison of Czech and Roman law to be quite inspiring and that it might contribute to solution to some live problems of the Czech judiciary or at least to enrich the discussion about these problems. The article is structured as follows: at first, the role of a judge in the society is at question. In connection to it, the privileges and the conditions of becoming a judge in the Czech Republic and the Roman Republic are drafted and compared. There were different criteria posed to person who was interested in being a judge in the Czech Republic and Roman Republic, which has its roots in different conception of judicial decision-making and different division of powers in the state as well. Secondly, in the main part of the article the attention is focused on duties of a judge in such order as they are stated in the Czech Act on “Courts and Judges”. The duties of a Czech judge are more summarized than discussed broadly, as the authors of the article presume some common knowledge of the conception of these duties on the reader´s side. On the other hand, examples from the Roman law are presented in a broader context to provide a reader with an adequate picture. In this context, the problem of civil liability of a judge can be highlighted because the civil liability of a judge in the Roman Republic was perceived in such way that in the Czech law does not exist.