National Repository of Grey Literature 30 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Constitucional limits of personal freedom
Fišerová, Veronika ; Antoš, Marek (advisor) ; Kindlová, Miluše (referee)
Constitutional limits of personal freedom Abstract The Master's thesis deals with the extensive theme of restriction or deprivation of the personal freedom. The aim of this thesis is not to analyse the reasons for deprivation of personal freedom in detail, but to look at personal freedom as a whole. In the Charter of Fundamental Rights and Freedoms (the Charter), personal freedom is the highest-ranked right to be most often interfered with by the state. Any restriction of personal freedom must meet a number of conditions resulting from legislation, international treaties and the supreme courts' decisions. The main goal of this thesis is to evaluate the frequency and intensity of the deprivation of personal freedom in the Czech Republic. In this thesis I pose the question whether all these limits of permissible deprivation of personal freedom are respected in practice or not. In this thesis I do not deal with the term of imprisonment but I focus on the reasons of deprivation of personal freedom expressly enumerated in the Charter. The first chapter deals with a brief definition of the concept of personal freedom, its incorporation in our legal order and its implementation in international treaties. In the following section, I present the conditions of permissible deprivation of personal freedom resulting...
The Impacts of Mass Surveillance on Fundamental Human Rights
Kousal, Jakub ; Antoš, Marek (advisor) ; Kindlová, Miluše (referee)
The Impacts of Mass Surveillance on Fundamental Human Rights Abstract In this thesis I mainly deal with instruments of mass surveillance, which were recently revealed to the public by American IT specialist Edward Snowden. A considerable part is also devoted to Directive 2006/24 / EC of the European Parliament and of the Council, which at the time obliged Member States to adopt legislation providing for the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks. I also deal with the current form of its transposition into the Czech legal order. The purpose of this thesis is to assess if these instruments of mass surveillance meet the conditions of admissibility of measures limiting fundamental human rights, especially the right to privacy. I have understood the content of these conditions on the basis of the interpretation of relevant laws and international treaties on human rights, or their commentaries and relevant case law. This has led to the assessment of the accordance of these instruments with the principle of proportionality or the application of the proportionality test in its various forms. The concept of my thesis is therefore to be understood as a conflict of two interests, namely the...
Judicial Salaries as a Component of Judicial Independence?
Andraková, Karolína ; Antoš, Marek (advisor) ; Suchánek, Radovan (referee)
The aim of this work is to answer the question of whether the judge's remuneration represent a constitutional guarantee of judicial independence and thus whether they can have a real impact on the judges' decisions. In view of this, the thesis will first deal with the definition of the term "judicial independence" and its possible categorizations. Subsequently, the diploma thesis will focus on Czech legal regulation of judicial remuneration and documentation from important international institutions. The focus of this thesis will be devoted to the analysis of Act No. 236/1995 Sb., o platu a dalších náležitostech spojených s výkonem funkce představitelů státní moci a některých státních orgánů a soudců a poslanců Evropského parlamentu, ve znění pozdějších předpisů (about salary and other elements associated with the performance of State representatives, bodies, judges and members of the European Parliament duties). Specifically looking at case law from the Constitutional Court on the issue of judge's remuneration, in particular with regard to the method of calculating judges' salaries and restrictive interventions in the judiciary, including the removal of additional salaries, the freezing of salaries and changes in the statistical index. The aim of this chapter will be to find out, in particular,...
Right to be Forgotten - Right to Privacy in the Internet Age
Váňa, Jan ; Antoš, Marek (advisor) ; Preuss, Ondřej (referee)
Right to be Forgotten - Right to Privacy in the Internet Age Abstract The first chapter of the diploma thesis aims to identify the threats to human privacy and forgetting that were brought on by the advancements in the field of information and communication technology in the recent decades. Both privacy and forgetting have important functions in the life of the individual, as well as on the societal level. The protection of those functions, whose analysis can be found in the second chapter of the diploma thesis, is one of the basic tasks of modern, liberal and democratic societies. Unless we want to leave the evolution of our civilization up to the technological developments and their often unforeseen (and unforeseeable) consequences, it is imperative that we systematically evaluate their impact on society. Such evaluations should then serve as bases for devising regulation (both legal and non- legal) that would eliminate or at least mitigate the identified societal threats. In the context of human privacy and forgetting, one of the outcomes of such an impact assessment and regulatory consideration is the right to be forgotten. This right can be seen as a legal instrument protecting the informational aspect of human privacy, or rather the informational self-determination of individuals, in the new reality...
Legislative Quality Assurance Toolbox in the context of the Czech Republic
Říha, Michal ; Gerloch, Aleš (advisor) ; Antoš, Marek (referee)
Legislative Quality Assurance Toolbox in the context of the Czech Republic Michal Riha Abstract The aim of the rigorosum thesis is to describe and evaluate the tools used for the control of legislation quality ("legislative toolbox") at both the parliamentary and pre-parliamentary stage of the legislative process. The main focus is on the situation in the Czech Republic, although the tools used in other jurisdictions are introduced in order to encourage potential discussion regarding an expansion of the Czech legislative toolbox. The toolbox is shown on the background of the principles of proper law making - for example a sceptic lawmaker approach employed with the aim of securing a stable legal environment. This method helps us better understand the potential conflicts between certain legislative principles; one example can be a clash between the legislative needs and the quality control tool when, for example, a required legislative solution might be slowed down by repeated debates within the Legislative Council due to theoretical marginalities. This example indicates a conflict between the principle of sound legislation and the need for reasonable speed of the legislative process. The author also considers the influence of EU law, which is not usually taken into account, despite the European Union law...
Political Party Funding: an International Comparison
Bejdák, Matěj ; Antoš, Marek (advisor) ; Jirásková, Věra (referee)
The aim of this thesis is to identify significant weaknesses of political party funding system in the Czech Republic, and to suggest possible improvements of the system. Knowledge acquired in the first part of the thesis, which deals with the theoretical basis of political party funding, is used to analyse the applicable legislation. This part of the thesis first of all describes the legal framework of political parties, the principles and goals of political party funding, and possible approaches to the funding; the most space is devoted to one of the possible approaches, regulatory measures, which is divided on the basis of supply side (state a private funding) and demand side (mainly campaign spending regulation). The Czech legislation is not only analysed in general and using the theoretical basis, but is also compared with the system adopted by the Federal Republic of Germany. The hypothesis is that the German law is a good example for the Czech Republic in the field of party financing, for the Federal Republic of Germany has been a developed democratic state of law for a longer uninterrupted period of time, and was one of the first countries in the world to introduce state funding of political parties. The second part of the thesis describes, analyses and compares the applicable legislation of the...
Role of the parliamentary party groups in the constitutional system of the Czech Republic
Červinka, Lukáš Lev ; Antoš, Marek (referee)
- 145 - Abstract Role of the Parliamentary Party Groups in the Constitutional system of the Czech Republic The ultimate goal of my work was to fill in the blank spaces on the map of the Constitutional system of the Czech Republic by thorough examination and detailed description of the role and the status of the parliamentary party groups (PPGs) in it. However, this thesis is not just a general introduction, but a complex study of the actors of such importance and influence that it keeps one wondering, why they had remained out of a scope of the mainstream scientific research in our country for so long. After the necessary theoretical introduction to the subject of the parliamentary party groups within the field of the legal and political sciences, I examined the existence of the PPGs within the Chamber of Deputies, their relationships, interdependence and interconnections with the political parties and finally their inner functioning in close detail. It was necessary to deal with a number of serious issues and answer several important questions during my research, most notably: the question of the nature of the parliamentary party groups, i.e. whether they are bodies of the Chamber of Deputies, bodies of the political parties or whether they even possess their own legal personality. It was necessary to deal...
An Analysis of Functions of Human Dignity in Constitutional Law with Focus on Case Law of Czech Constitutional Court
Horák, Filip ; Antoš, Marek (advisor) ; Hofmannová, Helena (referee)
After the concept of human dignity has spread into a large number of constitutions from all over the world, detailed examination of this phenomenon is steadily gaining importance. This thesis finds three autonomous approaches to human dignity in constitutional law, namely a subjective human right, the source of human rights and an objective constitutional value. Each of these approaches is based on a particular historical view on human dignity. The key argument of this thesis states that the connection of the three aforementioned legitimate approaches leads to the creation of dangerous and undesirable hybrid forms of human dignity. These forms tend to be axiomatic, preventing from the rational legal argumentation as well as from the use of the proportionality principle. The implementation of the concept of human dignity in such an axiomatic way is an argumentative foul, unfortunately so frequently made by both judiciary and doctrines. The thesis further focuses on the examination of the axiomatic human dignity phenomenon with respect to the Constitutional Court of the Czech Republic decision-making specifically. Using quantitative methods, it first comes to the conclusion that the problem of axiomatic human dignity-related argumentation does not only exist in the Constitutional Court's...
Court case-law regarding elections
Záleský, David ; Antoš, Marek (advisor) ; Kudrna, Jan (referee)
This theses deals with analysis of cases that were held mainly before the Constitutional Court and the Supreme Administrative Court of the Czech Republic with regard to the election process and political parties. It focuses mainly on the analysis of topics that are often criticised by small political parties as harmful to the free and fair election process. Specifically, these topics include election threshold, setting electoral districts, methods for allocating seats, subsidising political parties from the national budget, financial restrictions on candidacy, and access to media. The thesis briefly summarizes relevant theoretical premises, which is followed be presenting the bases of criticism of the specific institutes, and finally the courts' opinions are analysed as well. With each of the institute, the main goal of the theses is to show how the courts interpret them. Specifically, it focuses on finding a line between what courts still deem acceptable, and what is perceived by them as too damaging to the fair and free election process.
Referendum in the Czech Republic
Krause, Jakub ; Jirásková, Věra (advisor) ; Antoš, Marek (referee)
Referendum in the Czech Republic Abstract This thesis focuses on the issue of the national referendum in the Czech Republic, which the Constitution assumes to be held, but the general legal regulation in the Czech legal system is missing. The most extensive part of this work is therefore devoted to the drafts of constitutional acts regulating the general national referendum (hereinafter also "proposals"), which have been submitted to the Chamber of Deputies since the establishment of the Czech Republic. At the beginning of the work, the author defines the concept of referendum and further categorizes the referendums according to the functions in which people can initiate them, the time when they are held, whether the obligation is to be performed, whether their results are binding, what their subject can be, what territory they are taking, their legislation form and whether judicial review is possible. This categorization is supplemented by examples of legal regulations of referendums from selected European Union countries (including the Czech Republic) and Switzerland. Categorization of referendums are used in the analysis of proposals, to which the second part of this paper is devoted. It is possible, for example, to find out how many proposals were submitted to the Chamber of Deputies since the...

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See also: similar author names
1 Antoš, Martin
1 Antoš, Michal
3 Antoš, Milan
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