National Repository of Grey Literature 87 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Unrestrictable core of human rights as a precondition for democratic rule of law?
Kubitová, Alžběta ; Kysela, Jan (advisor) ; Preuss, Ondřej (referee)
A democratic rule of law state combines two legal principles: the principle of democracy and the principle of rule of law. The democratic principle requires rule of the people and therefore implicitly the protection of political rights (in particular the right to vote, freedom of speech, freedom of assembly and association) that allow an individual to actively participate in the political community. The formal conception of rule of law, which is defined by the exercise of state power based on law, requires in particular the right of access to a court and the right of due process, which guarantee genuine enforceability of the law. The material conception of rule of law requires a much wider range of rights: according to Czech jurisprudence essentially all that are included in the Charter. This does not mean that any interference with the abovementioned rights means that a state is no longer a democratic rule of law state; if it did, there would not be a single democratic rule of law state in the world. However, any interference with fundamental rights must be carried out according to statute, must be proportionate to a legitimate aim and not interfere with the unbreachable core of human rights. The unbreachable core of a fundamental rights is a limit for the proportionality test; it is the core of...
The tranformation of the role of the judicary in then 20th a and 21st centuries.
Hořeňovský, Jan ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
The transformation of the role of the judiciary in the 20th and 21st centuries Abstract This work is about the fundamental questions of law, judges, society, and liberal democracy from theoretical social perspective. This study is mainly from the fields of state science and political philosophy. Due to the complexity of the topic, I decided to devote the first chapter to the philosophical starting points. The second and third chapters deal with the role of the courts as political actors. To a large extent, I deal with the criticism of this phenomenon. Important sections are those on the essence of democracy, policies and the role of experts in the process of governance. Equally important is the critical view of human rights inflation in modern societies. In the last chapter, I focus on the various forms of doctrine of judicial restraint, which I see as a realistic solution to the outlined problems. Frequently, the argumentation for criticizing the Judicial Restraint is the creation of a cartoons and its subsequent majestic defeat. I think that this approach is not fair, because in my opinion the judicial restraint can be debated objectively without prejudices and without a priori rejection. Meaningful division of roles in the state is as important as the division of power. The division of power is...
Approach to the social contract theories of Hobbes, Locke and Rousseau
Petráková, Blanka ; Kysela, Jan (advisor) ; Havel, Tomáš (referee)
The diploma thesis is focused on social contract theories, as presented by the philosophers Thomas Hobbes, John Locke and Jean-Jacques Rousseau. My research is based on Leviathan by Thomas Hobbes, Second Treatise of Government by John Locke and Discourses and The Social Contract by Jean-Jacque Rousseau. In their respective theories, these authors present their opinions on how any state comes to life through entering into a social contract and how it should operate. The aim of my thesis is to look into their theories and using method of comparison to determine how they correspond with each other on the fundamental aspects of their ideas. These include the natural state, the act of entering into a social contract, the sovereign, sovereignty and the order of state establishment. The research suggests that although the authors agree on some points, in some cases they differ significantly. It also shows the significant influence of the environments and events experienced by the authors during their lives, on the formation of their thoughts and theories. At the very end of the thesis there is a reflection on the legitimacy of the Constitution of the Czech Republic and the contribution of the theories of appointed authors to today's society.
Limits of demokracy
Folková, Zsófia ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
The central themes of the thesis are the limits of democracy, the qualities that distinguish it from other political regimes, the criteria necessary for its existence, and the character of the regimes that arise if one or more of these criteria are not met. The first part of the thesis presents fundamental concepts and theories that deal with these questions, the goal of the second part is to apply these theoretical considerations to a particular case, namely Hungary. The first part focuses primarily on the definition of democracy and non-democracy, on the functioning and characteristics of regimes in the "grey area" between democracy and authoritarianism, on the definitions of relevant terms and on the ways in which various theories of democracy, authoritarianism and hybrid regimes approach these concepts and definitions. The first chapter presents the theories of democracy that are relevant to the discussion about hybrid regimes: the minimalist concept, the procedural minimum and the extended procedural minimum. The second chapter focuses on the definition of the opposite of democracy, the third chapter presents a cognitive-linguistic approach to the links between democracy and authoritarianism. The last two chapters of the first part offer a brief overview of the theories of hybrid regimes and...
Contemporary Critique of Juristocracy
Píša, Radek ; Kysela, Jan (advisor) ; Reschová, Jana (referee) ; Holländer, Pavol (referee)
(Contemporary Critique of Juristocracy) This theses deals with a comparative research of judiciaries of the United States, Israel and the Czech Republic. Consequently, it reaches a conclusion that all of these countries are undergoing a substantive political crisis, which leads to unhealthy empowerment of a judiciary system. The judiciary in abovementioned countries is moreover incapable of meeting challenges connected to the legislative deferrals, since the courts are unable to disconnects themselves from a social reality. The countries selected for the study was chosen in order to achieve as diverse sample as possible. That should lead to universally applicable outcome. Besides this empirical line of research, there is a deeper normative line attached. I believe it is vital to foresee a future political arrangement in a positive manner, even though there is a substantial risk of authoritarian regime's emergence during this transition. Still, the worst thing we can do is to kick a can of contemporary political imagination down the road forever. That prevents progress, but it also highlights another threat of authoritarian regime in name of protecting "freedom" against democracy or "democracy" against freedom. Regarding the content of the thesis, I pursue an abovementioned idea about highly...
Formation of the Constitution of the Czech Republic
Svoboda, Veronika ; Kysela, Jan (advisor) ; Filip, Jan (referee) ; Syllová, Jindřiška (referee)
Formation of the Constitution of the Czech Republic Abstract The thesis deals with the issue of formation of the Constitution of the Czech Republic. This process has not been sufficiently described yet, as the sources are limited and fragmented. Therefore, the aim of this work is to map the whole process of the formation of the Constitution following the interviews with important personalities of that time. The intention is to provide readers with an insight into this issue and to deal with some partial questions arising in connection with this process. One such issue is, for example, the question of the legality and legitimacy of the formation of the Constitution which raises the debate even with a considerable lag from its adoption, as well as some constitutional institutes which were discussed extensively during the process of formation of the Constitution and which were often results of compromises of the subjects involved in the process. It is precisely a compromise solution of a number of sub-questions that is typical for the formation of the Constitution, as well as the randomness and specificity that lined its formation. These include, for example, the entities involved in the process of the formation of the Constitution which included not only two official commissions but also some notable...
Symmetrical Concept of the State
Gregárek, Matěj ; Kysela, Jan (advisor) ; Maršálek, Pavel (referee) ; Sobek, Tomáš (referee)
Symmetrical Concept of the State Abstract: The doctoral thesis uses the perspective of Public Choice (political economy) on a descriptive level and the perspective of philosophical anarchism on a normative level to critically assess the concept of modern state (and its crises and legitimacy), as it is used in Staatswissenschaften and political philosophy. Common theme of both paradigms is insistence on symmetry of assumptions when analyzing the state; particularities of the state, as compared to other social institutions, do not play the role of explanans, but that of explanandum. Traditional concepts of political philosophy (sovereignty, will of the people, legitimacy) are consistently put in the context of the general social phenomena, from which they are (or should be) derived. The symmetrical approach asserts itself primarily against the fictional nature of some political concepts; in this thesis, fictional concepts are approached as assumptions of a "political model" and their unrealistic nature is not seen problematic so far as they stay within the model. However, at the same time, the question about the external (normative and practical) relevance (validity) of such a model arises. First part of the thesis argues for applicability - and in fact, indispensability - of the economic toolkit...
Political Role of Courts and Judges from a European and Comparative Perspective
Vikarská, Zuzana ; Kysela, Jan (advisor) ; Wintr, Jan (referee) ; Holländer, Pavol (referee)
1 Political Role of Courts and Judges from a European and Comparative Perspective Zuzana Vikarská The submitted dissertation examines European apex courts (i.e. the Court of Justice of the European Union and the European Court of Human Rights) and aims to answer the research question whether these judicial institutions are political and, if so, in what sense. The author puts forward five perspectives from which the political role of courts and judges can be analysed. The first dimension perceives judges as human beings who are influenced not only by legal rules but also by various non-legal influences, including political ones. In the first dimension, the notion of politics therefore stands in contrast to a certain idea of legal purity and separation of law from politics. This first dimension covers various jurisprudential perspectives on judicial decision-making, but also issues such as transparency of judicial institutions or the quality of judicial reasoning. The second dimension looks at the nomination procedures that lead to judicial appointments at the European apex courts. In this case, politics means the participation of political actors in the process of selecting candidates for the judicial functions. In this meaning, the notion of politics stands in opposition to the notion of expertise. The...
Flaws of the legislative procedure and of the legislation itself
Zámečníková, Marie ; Kysela, Jan (advisor) ; Mlsna, Petr (referee) ; Filip, Jan (referee)
The dissertation called "Flaws of the legislative procedure and the legislation itself" aims to describe the main problems and flaws of the legislative procedure and the current condition of the legislature. It deals with the question of the cause of the current unintelligible and disorganized law. The paper analyses the situation in the Czech Republic, Germany and Austria. The thesis deals with four main questions. First, what kind of law the legislator should create. The question is answered by the description of the formal attributes of the law. Subsequently, it is put into question how the legislator should create such law. The duties of the legislator are described as those which were deduced by the German Federal Constitutional Court. In the chapter which deals with the question of how the legislator creates such law in reality, the particular safety measures and particular flaws of the legislative procedure are described. Finally, the last question analyses what kind of law is created by the legislator in reality, i. e. it deals with the problems of the current legislature which are specifically caused by the so called flood of laws. In conclusion, the thesis answers the question whether there is a connection between the particular flaws of the legislative procedure and the particular flaws...
The Concept of the Orientalising Period in the Italian Archaeology
Lorenzová, Alžběta ; Kysela, Jan (advisor) ; Pavúk, Peter (referee)
This thesis focuses mainly on the subject of the so-called process of orientalisation, how this process shows on selected pre-Roman archaeological sites, and how it is presented in Italian archaeology. Analysis of funeral contexts is used as a base for chronological timeline, the nature of the orientalising process as well as the degree of its uniformity. With the help of the collected data will be proposed a hypothesis regarding the character of social changes and whether it is appropriate to use the term "orientalisation" when describing these changes.

National Repository of Grey Literature : 87 records found   1 - 10nextend  jump to record:
See also: similar author names
4 KYSELA, Jan
1 Kysela, Jindřich
3 Kysela, Jiří
4 Kyselá, Jana
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