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Emergency Governance in Czech Constitutional Context
Dienstbier, Jakub ; Kysela, Jan (advisor) ; Kudrna, Jan (referee) ; Kosař, David (referee)
Emergency Governance in Czech Constitutional Context Abstract This dissertation thesis focuses on emergency governance from the perspective of the constitutional theory, using the legal-positivist theory of normative institutionalism, the Planning Theory of Law and the findings of Czech (Czechoslovak) legal academia and practice. The first part of the thesis focuses on addressing the question: what makes emergency governance emergency? First, it introduces governance as an action that determines the conduct of a universal public institution - the state. This governance, like any action, is governed by descriptive and practical information that creates a certain picture of the world, a certain situation. To characterize emergency governance, the thesis imports the key role of a specific image of the world - an emergency situation, the suppression of which is the meaning and purpose of emergency governance. The thesis then characterizes an emergency situation as a present, urgent and unusually intense threat capable of causing harm to the referent object. Next, the thesis analyses issues related to the notion of emergency, such as the question of the type of reference object, the presumed short-term character and unpredictability of emergency situations, as well as the relation of the emergency situation to...
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The Role of Constitutional Organs in Ensuring the State Security
Dienstbier, Jakub ; Jirásková, Věra (referee)
1 The Role of Constitutional Organs in Ensuring the State Security Abstract This diploma thesis deals with question, what role are constitutional organs, such as President of the Republic, Government, Parliament and Security Council of the State, playing in the security system of the Czech Republic. For this purpose, the thesis shows the constitutional system of the Czech Republic on the example of position of President of the Republic. Main part of the thesis is based on analysis of President's status as Commander in Chief of armed forces because of the lack of complex attention of Czech constitutional doctrine. According to that, the thesis describes Czechoslovak constitutional development in the first place and compares it with present legal framework. The thesis uses all methods of legal interpretation from the constitutional point of view as well as knowledges of other academic disciplines and interprets the constitutional terms "armed forces" and "Commander in Chief". This interpretation is followed by the criticism of statutory regulation and assess the content of Commander in Chief`s authority. The thesis express other presidential activities with security dimension, too. The thesis especially justifies presidential rights and competencies in connection with intelligence agencies. In other part, the...
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The Role of Constitutional Organs in Ensuring the State Security
Dienstbier, Jakub ; Jirásková, Věra (referee)
1 The Role of Constitutional Organs in Ensuring the State Security Abstract This diploma thesis deals with question, what role are constitutional organs, such as President of the Republic, Government, Parliament and Security Council of the State, playing in the security system of the Czech Republic. For this purpose, the thesis shows the constitutional system of the Czech Republic on the example of position of President of the Republic. Main part of the thesis is based on analysis of President's status as Commander in Chief of armed forces because of the lack of complex attention of Czech constitutional doctrine. According to that, the thesis describes Czechoslovak constitutional development in the first place and compares it with present legal framework. The thesis uses all methods of legal interpretation from the constitutional point of view as well as knowledges of other academic disciplines and interprets the constitutional terms "armed forces" and "Commander in Chief". This interpretation is followed by the criticism of statutory regulation and assess the content of Commander in Chief`s authority. The thesis express other presidential activities with security dimension, too. The thesis especially justifies presidential rights and competencies in connection with intelligence agencies. In other part, the...
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The Role of Constitutional Organs in Ensuring the State Security
Dienstbier, Jakub ; Kudrna, Jan (advisor) ; Hřebejk, Jiří (referee)
1 The Role of Constitutional Organs in Ensuring the State Security Abstract This diploma thesis deals with question, what role are constitutional organs, such as President of the Republic, Government, Parliament and Security Council of the State, playing in the security system of the Czech Republic. For this purpose, the thesis shows the constitutional system of the Czech Republic on the example of position of President of the Republic. Main part of the thesis is based on analysis of President's status as Commander in Chief of armed forces because of the lack of complex attention of Czech constitutional doctrine. According to that, the thesis describes Czechoslovak constitutional development in the first place and compares it with present legal framework. The thesis uses all methods of legal interpretation from the constitutional point of view as well as knowledges of other academic disciplines and interprets the constitutional terms "armed forces" and "Commander in Chief". This interpretation is followed by the criticism of statutory regulation and assess the content of Commander in Chief`s authority. The thesis express other presidential activities with security dimension, too. The thesis especially justifies presidential rights and competencies in connection with intelligence agencies. In other part, the...
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