National Repository of Grey Literature 22 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Democracy and state governed by law: harmony or conflict?
Jícha, Martin ; Ondřejková, Jana (advisor) ; Pithart, Petr (referee)
Democracy and state governed by law: harmony or conflict? Abstract The aim of this thesis is to define the concept of the state governed by law and the concept of democracy and to describe the relationship between them. The author of the thesis first reviewed literature defining the state governed by law and democracy and then compared different authors' concepts. These concepts are fundamentally different, therefore they cannot be included in a single definition. With regard to it, both concepts, democracy and the state governed by law, are divided into several subcategories: procedural and substantive democracy, legalistic, formal and material state governed by law. Conccurently, the author of this thesis considers the material state governed by law to be so distinctive that it is inappropriate to call it state governed by law. He chose the term constitutional liberalism for it. The relationship between democracy and the state governed by law is determined by concepts of democracy and concepts of the state governed by law, therefore this part of the thesis is also divided into chapters dealing with the relationship between the state governed by law and democracy, depending on how they are understood. The method is similar as in the first part of the thesis, so the author first researched literature and...
Conflicts of legitimacies within the European Union
Venclík, Jan ; Ondřejková, Jana (advisor) ; Agha, Petr (referee)
Conflicts of Legitimacies within the European Union - abstract In the beginning of first part, the thesis focuses on the very concept of legitimacy. The point of reference is rather a sociological conception of legitimacy. Then, the critical overview of theoretical contributions to the topic of EU's legitimacy deficit is provided. On this analytical background it is held that the democratic legitimacy is indispensable for the Union and that there is a necessity of its creating even on union-wide (transnational) level. Subsequently, in the second part dealing with particular modalities of legitimacy within the EU, the thesis makes use of the conteporary democratic theory focusing on the concept and functioning of democratic representation. The framework for the second part is a spatio-mechanical metaphor of four modalities ("vectors") of legitimacy (legitimation) formulated previously in the literature. It consists of indirect legitimacy, parliamentary legitimacy, technocratic legitimacy and procedural legitimacy. Changes in their balance after the Lisbon Treaty are discussed. The chapter on indirect legitimacy focuses on theoretical questions and then looks into the institutional and legislative development. It also provides an analysis of the relevant case-law of the Federal Constitutional Court of the...
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...
Legal regulation of the position of political parties in the Czech Republic
Pilař, Jan ; Pithart, Petr (advisor) ; Ondřejková, Jana (referee)
The aim of this thesis is to explore and evaluate legal position of political parties in the Czech Republic and its historical development. This thesis deals with political party law in a narrow sense, particularly with constitutional arrangement and the Political Parties Act. According to the Constitution of the Czech Republic our political system is based on a competition of political parties, despite this fact not enough attention is usually devoted to their position in a legal system. This text uses an interdisciplinary approach combining mainly legal and political science. The thesis contains seven chapters and moves from general to specific. The first chapter deals with the term political party. Firstly it observes it from the prism of social sciences then it moves to political science definitions and in the end it extracts legal definitions and characterizes a private law nature of parties. Second chapter is about functions of political parties both in general and according to the law. The third chapter describes in detail the development of legal position of political parties from the year 1852 to the present time. The fourth chapter analyses current Political Parties Act its creation and amendments. The fifth chapter examines conditions of creating parties. The sixth chapter is about...
Dissolution of political parties as a tool for defending democracy: a comparison of the Czech and German debates
Macháčková, Michaela ; Ondřejková, Jana (advisor) ; Havel, Tomáš (referee)
This master thesis focusses on the issues of sanctioning antidemocratic political parties in the Czech Republic and in the Federal Republic of Germany, as well as the discussion of the expert public in reaction to practice of the Supreme Administrative Court or Federal Constitutional Court. It is a comparative paper, therefore all issues are analysed from the Czech as well as the German point of view and the comparative chapter summarizing main coherences and differences always follows. The thesis is divided into six parts, which aim to map the matters related to banning political parties. Firstly, the theses is focused on the regulation of political parties in the Czech Republic and in the in the Federal Republic of Germany to provide theoretical backgrounds for better understanding of the topic. Consequently, both the introduction into problematic of the concept of defending democracy and the analysis of its demonstration in the constitutional law of the Czech Republic and of the Federal Republic of Germany follow. Moreover, substantive law aspects as well as procedural law aspects of dissolution of political parties are introduced ending up with comparison of both. The thesis contains also detailed insight into Czech case regarding Dělnická strana and in German case the NPD...
Stages of the evolution of the Czechoslovakian constitutional order
Kopecký, Michael ; Pithart, Petr (advisor) ; Ondřejková, Jana (referee)
The diploma thesis deals with the draft of state treaty, which should become the basis for the fair and equal position of the Czech and Slovak nations in the common state. The State Treaty is embedded in the context of historical state law processes.
Presidential systems
Křtěnová, Monika ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
The subject of this thesis is the presidential system as one of the distinguished alternatives of existing political systems in the present democratic society. This thesis is divided into three parts. The primary aim of the first part is to produce a brief overview of individual political systems and to outline their mutual differences through the description of their characteristics. The second part describes a specific political system in this world - namely the United States of America which became the source of inspiration for all subsequently established systems of this type. This part focusing on the United States is then divided into three separate chapters where each of them provides a view of particular branches of the government which form a constitutional system of the state together. These chapters offer not only the characteristics of these particular government branches and their central government bodies, but they also explain their mutual relationship and the control mechanism and particularly their relation to the President who is the key character of the entire presidential system, also his office and his powers. The main source of information, from which this part of the thesis proceeds, is the United States Constitution itself which is, as the supreme law of the state, the...
Ethical rules of conduct of judges in the Czech Republic
Bajzíková, Veronika ; Urban, Michal (advisor) ; Ondřejková, Jana (referee)
Ethical rules of conduct of judges in the Czech Republic This master thesis deals with ethical rules of conduct of judges in the Czech Republic. I chose the topic because in this area there is lack of scientific literature given to the topic of professional ethics in general and even less literature directly addressing the professional ethics of judges. The main objective of this thesis is to provide the most comprehensive picture of the professional ethics of judges in the Czech Republic and the resources on which it puts. The topic is brought to the reader within five chapters. The first chapter introduces the reader to the topic of ethics and its relation with morality and law and brings the view from the perspective of philosophy and legal theory. The second chapter deals with professional ethics and professional ethical codes, presents to the reader what the professional ethical code should be like. The content of the third chapter is in the first place to introduce the reader to the character and personality of the judge, his status in the legal system and, above all, the analysis of the professional ethics of judges. This chapter is the core of the work and in the analysis of various aspects of professional ethics draws on information acquired in the previous chapters. The main basis for this chapter...
The concept of libertarian paternalism in the recodification of Czech private law.
Mičková, Barbora ; Urban, Michal (advisor) ; Ondřejková, Jana (referee)
The master thesis The concept of libertarian paternalism in the recodification of Czech private law introduces a concept that works as an efficient synthesis of two different approaches to the relationship between the individual and the state: liberalism and paternalism. Libertarian paternalism deals mainly with the default system setting and setting of the recommendations and mechanism that are helpful in the decision making process of an individual as well as the whole society. The master thesis defines this concept, its main attributes and its tradition in the behavioral economics as well as its means and limits. The thesis shows how the use of this concept provides cheap and effective tools for nudging human decisions and behavior. The libertarian paternalistic approach in the law regulation is demonstrated in the new civil recodification, especially Civil Code 2012 as the fundamental act of civil law. The master thesis uses interdisciplinary approach to the topic, applying the perspectives of philosophy of law, economy, psychology and sociology.
The impact of media on judicial determination in cases of traffic crimes
Klouda, Petr ; Urban, Michal (advisor) ; Ondřejková, Jana (referee)
Media influence over court rulings in traffic crime cases The aim of this thesis is to analyze the way media report about traffic crimes and provide a comparison between cases that attracted media attention and cases that didn't. The author investigates the possibility that courts are influenced in thein decision making by the general public, the opinion of which is shaped mostly by mass media outlets which unfortunately often release speculations as proven facts. To demonstrate the possibility of media influence to the reader, the author compares similar cases and shows how different the court ruling was when the case wasn't a subject of attention of mass media. Part of this analysis consists of a letter to the judge who presided over one of such cases, the incident on D1 motorway in 2010. The conclusion is that there's potential for such influence, but it's impossible to be absolutely certain that it already exists. The threat of such influence will, however, grow over time as new technologies are introduced, that make it very easy to spread information and consume it. In a newly forming information society, the ability to influence anything ranging from minor court battles to elections is considerably increased and poses a potential threat to the impartiality of courts, which is vital to a modern...

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