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The influence of architecture on constitutional law
Šedová, Barbora ; Preuss, Ondřej (advisor) ; Kindlová, Miluše (referee)
97 The influence of architecture on constitutional law Abstract This thesis deals with the connection between architecture and constitutional law. Both disciplines can influence each other, and thus reshape their image in people's perception. The architecture and urban planning of the buildings of state institutions are significantly related to national symbolism, to the possibility of identifying oneself with the state, to the behaviour of people in space, to the representation of the powers of these institutions, but at the same time, their appearance is often influenced by political decisions. The aim of the thesis is to find out to what extent architecture influences law. Architecture can represent and materialize the principles on which the state is based. The appearance and layout of a building can influence the functioning of the institution housed within it, while also influencing how the building and the institution is perceived by citizens. This general objective is then developed by analysing the Czech constitutional system, which is characterised as a parliamentary form of government, although there are opinions saying that it is closer to a semi-presidential system. This view, which is rooted primarily in the perception of citizens, may also be supported by the appearance and location of the...
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Freedom of Thought in the 21st Centruy
Kluvancová, Anna ; Kindlová, Miluše (advisor) ; Řepa, Karel (referee)
Freedom of Thought in the 21st Century Abstract The subject of this thesis is the issue of freedom of thought in the context of the 21st century. In general, this work is based on the long-accepted premise of the factual limitlessness of thought and its freedom, to which it responds. It aims to draw attention to their vulnerability by mapping phenomena that have the potential to disprove the idea of the intangibility of thought. It is a reaction to the technological development of the last decades and its possible negative influence. The thesis is divided into two parts, reflecting the two fundamental thematic blocks. The first one deals with a theoretical characterization of thought and its freedom, followed by a section describing various forms of influence on thought. The first part is a theoretical introduction to the issue of thought and freedom of thought. First of all, the interdisciplinary concept of thought is defined. The public's current perception of freedom of thought is also mentioned in this section. The legal regulation of the right to freedom of thought is descripted not only within the Czech legal system, but also at the international level through human rights documents that hold significance for the Czech Republic. The most important part of this thesis is the second part. It offers...
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The Right to Resistance and Article 23 of the Charter of Fundamental Rights and Freedoms
Mensdorffová, Jana ; Kindlová, Miluše (advisor) ; Uhl, Pavel (referee)
The Right to Resistance and Article 23 of the Charter of Fundamental Rights and Freedoms Abstract The aim of this diploma thesis is a thorough analysis of Article 23 of the Charter of Fundamental Rights and Freedoms (hereinafter referred to as the "Charter"), its issues, analysis of current sub-constitutional legislation and international comparison. Following on from the research project, the diploma thesis aims to find out to what extent the wording of Article 23 of the Charter corresponds to our historical experience, or whether Article 23 of the Charter is aimed at other situations (i.e. whether the wording of Article 23 of the Charter reflects our history in connection with by defining the right to protest in the Charter). The main methods chosen for writing the thesis were analysis, international comparison of foreign constitutions, and statistics. When writing the thesis, I drew on professional literature, professional articles, legal regulations, relevant jurisprudence and, last but not least, Internet sources that were the basis for the statistics of participants in the resistance against communism. The diploma thesis is divided into four main parts. The first part of the thesis is devoted to a historical excursion. For better understanding and context, various approaches to the right to resistance...
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Limits of restrictions on fundamental rights and freedoms in connection with vaccination against covid-19
Studničková, Alena ; Wintr, Jan (advisor) ; Kindlová, Miluše (referee)
Limits of restrictions on fundamental rights and freedoms in connection with vaccination against covid-19 The thesis deals with the limits of restrictions on fundamental rights and freedoms in connection with vaccination against the covid-19 disease. Its goal is, firstly, to assess the compliance of the introduction of mandatory vaccination against covid-19 in the Czech Republic with the constitutional order, or to define the conditions that the legislation would have to meet in order to be considered constitutionally compliant, and secondly, to evaluate the legality of extraordinary measures issued for the purpose to get rid of the covid-19 epidemic. The text contains an outline of the legal regulation of compulsory vaccination in the Czech Republic, supplemented by an analysis of the relevant jurisprudence of the Constitutional Court, which is followed by a description of the regulation of the introduction of compulsory vaccination against the covid-19 disease in December 2022 and an evaluation of its constitutionality at the time of publication and at the time of completion of the work from the author's point of view. The next part is devoted to extraordinary measures related to vaccination against the covid-19 disease in the field of labour relations, education and services, where the emphasis...
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Constitutional aspects of the Protection of the Rights of the Child
Čečáková, Magdalena ; Hofmannová, Helena (advisor) ; Kindlová, Miluše (referee)
Constitutional aspects of the Protection of the Rights of the Child Abstract This thesis is concerned with the protection of the children's rights from the perspective of constitutional law and human right. The thesis aims to evaluate constitutional guatantees for the protection of children. Children are considered vulnerable persons worthy of special protection, however, the developlment of their rights and the move out of a paternalistic approach has only recently begun. Thus, there is a need to adapt children's rights to today's society and current scientific knowledge to avoid unnecessary discrimination and non- involvement of childen in the processes. The text is divided into a theoretical part in whicch the history of the view of the child the history of children's rights, the organization and instituition, both national and international, concerned with the protection of children's rights are presented. The most important of these documents is the Convention on the Rights of the Child, whis is then dealt with in the practical part and which is considered part of the constitutuional order. At the end of the theoretical part, the concept of the child is introduced, which permeates the entire practical part of the thesis. The practical part is divided into four parts, each representing one of the four...
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Is the right to life really a right or is it a duty to live?
Rychtera, Jaroslav ; Hřebejk, Jiří (advisor) ; Kindlová, Miluše (referee)
A demand for requested death in the human society seems to be increasing nowadays. In some countries, there has been such an institue legitimized. However, this demand is not usually accepted by the branches of state power. The main argument against the right for assisted life ending is often appointed as, what is so called, right for life. These are the appointments in international and national documents, which gurantee opportunity of human beeings' lives, as a unique organism. This appointment first appears in Universal Declaration of Human Rights, which is then used in every other document dealing with basic human rights. Because of some sort of unclear thoughts, when deeper analysing right for life, it is possible to contest and disagree with an interpretation of above mentioned institute and its place of shield against positive efforts of setting the human's right of a decision, how and when to end the life. The problem seems to lie right in the creation of such an institue - which interpretation have had people, who have been creating original document, on their minds? Another unclear thoughts seem to appear in the effort of setting a subject and the content of the mentioned right. The main point is, if the right-for-lifeholder is a human after or before the birth and if before, when...
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Political advertising
Janotová, Hana ; Antoš, Marek (advisor) ; Kindlová, Miluše (referee)
The aim of this thesis is to answer the question whether the ban on political advertising on television and radio, which is laid down in the Czech Broadcasting Act 2001, is in compliance with the freedom of expression. Namely, whether it is in compliance with the Article 17 of the Czech Charter on Fundamental Rights and Freedoms. And secondly, whether it is in compliance with the Article 10 of the European Convention on Human Rights. The freedom of expression is an essential political right. Therefore, the limitations have to be interpreted restrictively. Moreover, all limitations have to be thoroughly justified. Firstly, the thesis analysis the scope of the ban on political advertising on television and radio. It explains what are the sanctions in the case of violation of the ban. Examples of violations are also introduced. Further, it is referred to the amendment to the Broadcasting Act. This amendement proposes to define "the political commercials". It is not possible to find such a definition in the current version of the Act. Another topic which is discussed is an anonymous advertising. Then attention is paid to the regulation of free airtime. Since, free airtime is divided between all political parties with regard to the Parliamentary elections, elections to the Europena Parliament and elections of...
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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...
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The Indpendene of the Judiciary in the Czech Republic
Josef, Jakub ; Kindlová, Miluše (advisor) ; Syllová, Jindřiška (referee)
This diploma thesis deals with the topic of the independence of the judiciary, which is grasped in its full complexity. The thesis aims to answer two research questions: what techniques of influencing of the independence of the judiciary exist and how could be the resistance of the Czech judiciary against these techniques strengthened. In order to answer these two questions, thesis introduction elaborates the theory of the concept of an independent judiciary, independent court and independent judge and explains the difference between the concepts of judicial independence and judicial impartiality. After the introduction, the thesis describes in detail the steps which have been undertaken in Hungary and Poland since 2010 and which enabled to paralyze the independence of the judiciary in these states. The detailed description of the attacks against the independent judiciary helps to conceive different kinds of techniques by which can be the judiciary influenced. These techniques are categorized in the third part of the thesis. More attention is given to the court- packing technique and to the technique of disciplinary proceedings with judges. Another part of the thesis is dedicated to the second research question - how one can successfully fight against techniques of influencing an independent...
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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...
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