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Political context of nominations of justices of the Constitutional Court of the Czech Republic
Binhack, Oto ; Ondřejková, Jana (advisor) ; Chmel, Jan (referee)
The political context of the selection of the judges of the Constitutional Court of the Czech Republic Abstract The thesis deals with the political context of the selection of judges of the Constitutional Court of the Czech Republic. The research question is whether the Senate's rejection of the President's nominees is more a manifestation of political power or a corrective to the high moral and professional quality of the Constitutional Court judges. Along with this, the thesis examines whether it would be appropriate to change the current legal regulation of the selection of constitutional judges. The first part of the thesis initially summarises the previous academic reflections on the topic, which mostly pointed out the inappropriateness of the possibility of reappointing constitutional judges, together with the linking of their terms of office to the president's, and the somewhat haphazard approach of senators to the assessment of candidates. Furthermore, this part of the thesis contains a definition of the research question consisting in a narrow conception of politics in the sense of policy. The second to fifth parts of the thesis are devoted to the terms of office of individual presidents, with a review of their unsuccessful nominations to the Constitutional Court, although in the case of Václav...
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Intra-Party Democracy and Experience Gained During the First Czechoslovak Republic on the Example of the Agrarian Party
Brožek, Matěj ; Ondřejková, Jana (advisor) ; Friedel, Tomáš (referee)
Intra-Party Democracy and Experience Gained During the First Czechoslovak Republic on the Example of the Agrarian Party Abstract and keywords The author investigates the topic of intra-party democracy during the First Czechoslovak Republic. He focuses primarily on the Agrarian Party. To be specific, he examines internal structure of the Agrarian Party and its compliance with the principles of intra-party democracy. He also carries out an analysis of legal environment of the First Republic with respect to the regulation of political parties and evaluates its potential impacts on intra-party democracy of political parties of the time. In Part One of the thesis, the author describes the internal situation in the Agrarian Party. He explores all the areas of the party's activities, namely in the order they are addressed in the organisational rules. The author takes a closer look at the greatest leaders of the party, intra-party disputes or political situation of the party in Slovakia and Carpathian Ruthenia. In chapters dedicated to the Agrarian Party, information is provided to which theoretical concepts are applied by the author later on. Part Two deals with the legislation applicable to political parties in the First Republic. The author considers it inadequate. Therefore, the author analyses mainly the...
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Gender and Law
Hájek, Adam ; Agha, Petr (advisor) ; Ondřejková, Jana (referee)
Gender and Law Abstract Currently, the terms sex and gender are the subject of much debate. Recently, the Czech courts have had the opportunity to comment on these terms in the case of a non-binary person who was assigned male sex at birth and whose application to change their birth number to neutral or female was denied because they did not meet the condition for undergoing a sex change under the current legislation - they did not undergo a surgical procedure that rendered her unreproductive. In other words, she has not undergone the castration required by law. In their decisions, the Supreme Administrative Court and the Constitutional Court provide an interpretation of gender, its conception, characteristics and its role in the Czech legal system. The opinions of these highest courts in the Czech Republic not only reflect the social understanding of the issue of gender reassignment, but also shape the social understanding through their authoritative interpretation of these concepts in the context of the legal order. Therefore, it is relevant and necessary to critically analyse these decisions, which is the aim of this paper. In the first part, critical tools and ideas are introduced, which in the second part serve as ideological resources for the critique of judicial decisions. First, Critical Legal...
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The Czech legal system in the time of the coronavirus in the light of Fuller's principles of good law Trust in law-making institutions
Klápová, Michaela ; Urban, Michal (advisor) ; Ondřejková, Jana (referee)
The Czech legal system in the time of the coronavirus in the light of Fuller's principles of good law Trust in law-making institutions Abstract This thesis deals with the issue of how the Czech legal system changed during the coronavirus crisis in the light of Fuller's principles of good law. The aim of the thesis was to find out how this change affected people's trust in law-making institutions. The thesis is divided into four parts. The first part introduces Lon L. Fuller as a philosopher of law, who significantly influenced the view of legal theory and provoked many responses to his views from both his critics and supporters. The second part of the thesis is a theoretical background to the specific features of the legal system in the situation that arose due to the spread of the Covid-19 disease in the Czech Republic. In the next part of the thesis I subject the legislation issued during the coronavirus crisis to Fuller's requirements of what law should look like. By analyzing the case law of administrative courts, especially the reasoning for their judgments, I found cases of violations of Fuller's principles that occurred during the coronavirus period. I have outlined other violations of some of these principles by means of the Public Opinion Research Centre's special research on measures to prevent...
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Dealing with Gender-based violence at Universities : an example from the Faculty of Law of Charles University
Andreska, Zuzana ; Friedel, Tomáš (advisor) ; Ondřejková, Jana (referee)
This thesis deals with the issue of addressing gender-based violence in the academic environment at the institutional level as an emerging agenda of university administration. Gender-based violence takes various forms, ranging from normalized verbal expressions based on gender stereotypes (psychological violence), gender-based discrimination (economic violence), sexual harassment to sexual coercion or rape (sexualized violence). As such, gender-based violence constitutes an obstacle to the fulfilment of the functions of universities and has an increased negative impact on access to education for marginalised groups of students. Using a case study method, this paper examines what solutions to gender-based violence have been adopted at the Faculty of Law of Charles University as of June 2022 and how the institutional solutions are reflected by those involved in their development. The theoretical contribution of the analysis of the process of institutional norm creation through the perspective of socio-legal studies and feminist critique of law lies in the identification of several types of resistances to fulfilling the obligation to create a safe learning and working environment by regulating gender-based violence as a type of undesirable social behaviour through internal regulations. These are...
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Theoretical and Legal Analysis of Lay Element in Judiciary
Lajsek, Vladimír ; Wintr, Jan (advisor) ; Hapla, Martin (referee) ; Ondřejková, Jana (referee)
Theoretical and Legal Analysis of Lay Element in Judiciary Abstract This work is dealing with the lay element in judiciary. The main emphasis in laid on the institute of lay judges in the Czech legal order. The main goal of the work is to answer the questions whether the lay element in judiciary is still a democratizing component, further if there are fulfilled enough the constitutional conditions of an independent, impartial and statutory judge principle in case of lay judges, whether the democratic or the expert legitimacy may prevail and at last, if the lay element should be preserved in the Czech legal order. In the first chapter, there is described a historical development of the lay element in judiciary. In modern times, it has appeared firstly in the form of jury courts in the Czech lands, more precisely in the Austrian monarchy, after the revolutionary year 1848. Its functioning is illustrated on two famous cases, which were the process with K. H. Borovský and with Leopold Hilsner. On the one hand, these cases show the advantage of participation of lay people into judiciary, as it can serve as correction of the state's despotism. On the other hand, there should come to wrong decisions in the consequence of an easy suggestibility of the public. At the age of the so called First Czechoslovak Republic,...
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Professional Ethics of Distrainors in the Czech Republic
Šmok, Jan ; Friedel, Tomáš (advisor) ; Ondřejková, Jana (referee)
Professional Ethics of Distrainors in the Czech Republic Abstract The aim of this Master degree thesis is the analysis of the current regulation of the professional ethics of distrainors with a focus on the independence and impartiality as these requirements are established in the status and legal regulations. The profession of distrainors has recently been the target of criticism both from the public and from some legislators and the professional public. The Master degree thesis therefore focuses on clarifying the issue of distrainors in a broader context, so that it is clear to the reader what theoretical starting points influence the professional ethics of distrainors. The first part of the thesis is focused on the area of morality, ethics and law. These concepts are interconnected and influence each other. At the same time, they significantly influence almost every member of our society. Based on this work, the reader should be able to distinguish between them, know their differences and mutual interaction. The second part of the thesis is devoted to professional ethics and its starting points, which are subsequently applied in solving various ethical problems that may arise in the performance of the given professions. For an overall understanding of the issue, the concept of profession and the...
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Parliamentary structure: is there an optimal model?
Holeček, Adam ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
Parliamentary structure: is there an optimal model? Abstract The diploma thesis on the topic "Parliamentary structure: is there an optimal model?" deals with the question of the ideal model of the composition of the parliament in terms of the number of its chambers. Its aim is to provide an overview of the various possibilities that have emerged, whether in history or the world today. From this it tries to draw conclusions for the answer to the question whether to prefer unicameralism or bicameralism. The issue is then transferred to the context of the Czech Senate. The first chapter deals with the issue of the institute of parliament in general. It is focused on the definition of this term, which took on different meanings in different time epochs or in different places. Then it deals with the concept of parliamentary structure. The second chapter deals with the unicameral form of parliamentary structure, including its characteristics, historical and intellectual development. Subsequently, four specific and different examples of unicameral parliaments in the world are described. These are the parliaments of Slovakia, as an example of unicameralism in pure form, Iran, which is a case of a unicameral parliament with theocratic elements, Botswana, which has a tribal element, and the example of so- called...
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Different approaches to the social contract theory in Law and Politics.
Šimek, David ; Havel, Tomáš (advisor) ; Ondřejková, Jana (referee)
Different approaches to the social contract theory in law and politics Abstract This thesis aims to analyze individual concepts of social contract theory in works of various contractalist authors throughout history, including the 20th century. Using the method of analysis and especially diachronic comparison it tries to refute the belief that the social contract theory is only a phenomenon of the Enlightenment period of the 17th and 18th centuries, and presents the main, but also lesser known, contractalist ideas from both ancient and recent history. The thesis is, besides the introduction and conclusion, divided into five chapters and eight subchapters, some of which are also further subdivided. It follows a similar structure troughout its length, with the exception of the first (which aims to generalize the concept of social contract theory) and the fourth chapter. The second chapter is a chronologically arranged historical overview, which begins with the authors of ancient philosophy and through the Middle Ages then culminates in the early Renaissance. This is a chapter dealing with the genesis of contractualism, especially its origins in individualism, voluntarism or naturalism, as well as the concept of individual free will and the medieval phenomenon of the struggle between faith and reason, the...
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