National Repository of Grey Literature 19 records found  1 - 10next  jump to record: Search took 0.00 seconds. 
The Role of the Judiciary in the Integration Process of the United States of America and the European Union
Zelený, Jan ; Kindlová, Miluše (referee)
The Role of the Judiciary in the Integration Process of the United States of America and the European Union The aim of this thesis is to describe the integration process of both the European Union and the United States of America and to depict the most crucial role the judiciary had. The thesis will explain how courts can in general substitute the other branches of power, usually when the latter are inactive or even unwilling to act. Both ways how the European Court of Justice (working together with national courts) and the Supreme Court of the United States have influenced or even enabled successful union-making policy will be compared. One of the most surprising facts might be that the Supreme Court had rather an auxiliary role in turning the Union into a strong entity, while the Court of Justice most likely was a real European integration leader. The thesis presents number of specific examples or cases how both courts not only created legal rules but also came up with policy-making decisions, which has significantly changed the given community and lives of all citizens in it. It can be concluded that from nowadays perspective, both courts enjoy great power and prestige. Obviously, the SCOTUS is being regarded as the stronger one from those two. However, such a view might not be entirely accurate...
Prerogative and Brexit
Jelínek, Filip ; Kindlová, Miluše (referee)
The thesis deals with prerogative powers and their role in the withdrawal of the United Kingdom from the European Union. It explains the meaning of the prerogative, shows how British courts employed it in Miller I and Miller II decisions, and outlines their effects on it. The first part of the thesis explains the concept of prerogative. Firstly, it analyses concept's theoretical background in early modern constitutional thought and its conceptualization in the work of John Locke. Secondly, it explains the role of royal prerogative after the Glorious Revolution, as described by William Blackstone and Albert Venn Dicey, and its current position in the constitutional system of the United Kingdom. Furthermore, it introduces a general distinction between two conceptions of prerogative powers - the political (non-legal) one and the legal one - and outlines the relationship between the British royal prerogative, law, Parliament, and courts. The second part of the thesis deals with a case study of judicial decisions pertaining to the process of withdrawal of the United Kingdom from the European Union. Specifically, the Miller I case, which addressed the existence of prerogative power to notify the intent to withdraw from the European Union (under Article 50 TEU), and the Miller II case concerning the...
Constitutional aspects of compulsory vaccination
Plačková, Anna ; Kindlová, Miluše (advisor) ; Uhl, Pavel (referee)
1 Diploma thesis topic title Constitutional aspects of compulsory vaccination Abstract This diploma thesis focuses on the assessment of the constitutional conformity of compulsory vaccination. In particular, the thesis deals with the conflict of interest in combating the emergence and spread of infectious diseases and the interest in not interfering with fundamental human rights. The main objective of the thesis is to provide a possible line of reasoning for defending the compliance of the vaccination obligation with the constitutional order. The aim is to cover all conceivable aspects that can be associated with mandatory vaccination. First, an interference with fundamental rights is examined in the light of the Charter of Fundamental Rights and Freedoms. By performing the proportionality and rationality analysis it is assessed whether the limitation of the affected rights can be justified. A special attention is paid to a statutory reservation and a conscientious objection. Due to a significant importance of the system of the European Convention on Human Rights, one part of the thesis is focused also on the examination of the compliance of compulsory vaccination with this international instrument. For those purposes a five-step analysis is performed. In this thesis also medical issues are discussed...
Human Rights of Persons with Disabilities
Otýpková, Laura ; Hofmannová, Helena (advisor) ; Kindlová, Miluše (referee) ; Bartoň, Michal (referee)
Human Rights of Persons with Disabilities The thesis deals with the current development of human rights of persons with disabilities from the perspective of constitutional law. The work first maps the historical changes of the legal status of persons with disabilities - from antiquity to the tragic experience of denying human dignity in the first half of the 20th century. Furthermore, the thesis shows the development of the human rights of persons with disabilities in the second half of the 20th century. A key driver of this process is the value of human dignity, which, following the adoption of the Universal Declaration of Human Rights, has become the main starting point for the protection of human rights (not only) persons with disabilities. The changes in the concept of human rights of people with disabilities are related to the shift from the medical to the social concept of disability, on the basis of which the UN Convention on the Rights of Persons with Disabilities (CRPD) was adopted in 2006. This convention embodies a new approach to human rights of persons with disabilities, who should no longer be subject only to charity and social security regulations, but above all they should be recognized as they are - as an equal legal subjects and full members of the society. The Czech Republic is a...
The right to a lawful judge
Hruška, Lukáš ; Kindlová, Miluše (advisor) ; Hřebejk, Jiří (referee)
The right to a lawful judge Abstract This thesis deals with the basic subjective right to a lawful judge. Its basis consists of analysis of the constitutional and statutory provisions (formal aspect) and their interpretation in the context of merits of the right to a lawful judge (material aspect). The research question of this thesis is as follows: "Are the statutory provisions (or tables of duties) and practices of courts in the Czech Republic aligned with principles and purpose of the basic right to a lawful judge?" General, basic and theoretical issues of the right to a lawful judge such as its nature as a basic subjective right, the scope of its addressees or relation to the right to a due process in line with Article 36 paragraph 1 of the Charter of fundamental rights are analyzed in the second chapter. Findings of this analysis are used to demonstrate the purpose for which the right to a lawful judge was included in the Charter of fundamental rights as well as the implications for independence of the judiciary and procedural rights of parties to the proceedings. Origin of the right to a lawful judge is subsequently explained by a short recourse in chapter three which deals with several historical periods which are most often linked to the necessity of the right to a lawful judge. A deeper analysis of...
Constitutional Protection of Physical Integrity of Patients
Vu Thanh, Tam ; Hofmannová, Helena (advisor) ; Kindlová, Miluše (referee)
The main topic of the master's thesis is protection of bodily integrity, which started to play an important role since the beginning of this millennium in the continental Europe in support of patient's individual rights. The thesis particularly undergoes research by which means is patient's bodily integrity guaranteed on the constitutional level. For that purpose, the thesis analyses informed consent in its various forms, namely in comparisons to foreign literature and judgements in USA and United Kingdom. Simultaneously the court decision became the centre of attention, because of its guarantee to protect bodily integrity to minors and incompatible people. These conclusions the thesis then follows up and applies on cases, in which is bodily integrity of patient is most vulnerable. The conclusion of this thesis is that the protection of bodily integrity is guaranteed on the constitutional level by art. 7 par. 1 Charter of fundamental rights and freedoms and art. 8 European Convention on human rights. Simultaneously the thesis comes to the conclusion that in some cases the protection of bodily integrity in not fully guaranteed. That's the case of sterilization of transsexual patients who are forced to undergo this surgery by statutory regulation. The thesis in the case of compulsory vaccination...
Judicial self-restraint in the judicature of the Constitutional Court of the Czech Republic
Skořepa, Petr ; Kindlová, Miluše (advisor) ; Suchánek, Radovan (referee)
Judicial self-restraint in the judicature of the Constitutional Court of the Czech Republic Abstract The thesis deals with the role of the judicial self-restraint in the judicature of the Constitutional Court of the Czech Republic. Besides the theoretical definitions is the pivotal part of the thesis practical section that is focused on the analysis of pre-selected decisions of the Constitutional Court with respect to the judicial self-restraint. The first chapter contains definition of the theory of separation of powers as basis for the judicial self-restraint and its subcategories. Part of this chapter is oriented at the judicial power itself, which is crucial for the thesis. The second chapter provides definitions of key concepts - principal of judicial self-restraint, priority of the constitutionally conformal interpretation, political question doctrine and judicial activism, as it is called. These concepts are defined from the points of view of the angloamerican legal system as well as czech legal system. In the second chapter are also stated possible factors that may lead to the judicial activism and to the judiciary state, as it is called. The chapter afterwards describes the judicial interpretation and application of law in the context of the judicial self-restraint and provides relevant historical...
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...
Political Party Funding: an International Comparison
Bejdák, Matěj ; Kindlová, Miluše (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...

National Repository of Grey Literature : 19 records found   1 - 10next  jump to record:
See also: similar author names
5 KINDLOVÁ, Martina
3 Kindlová, Markéta
5 Kindlová, Martina
4 Kindlová, Michaela
1 Kindlová, Miroslava
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