National Repository of Grey Literature 43 records found  beginprevious14 - 23nextend  jump to record: Search took 0.01 seconds. 
Direct presidential election in Czech Republic
Ryčlová, Dorota ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
- Direct presidential election in the Czech Republic: reasons, conditions, consequences This diploma thesis is concerned with different aspects of implementation of the direct presidential election in the Czech Republic. It is aimed to discover the actual reasons for passing the Constitutional Act No. 71/2012 Coll., which introduces this institute into the Czech constitutional system. For the purpose of doing so, the thesis is divided into three parts. The first one presents and evaluates particular arguments (historical, political, constitutional, legal etc.), which were used by the proponents of this institute on one hand and by its opponents on the other. The content of the second part is the most extensive as it follows up the comparison of bills attempting to implement the direct presidential election into the Constitutional Act since 2001 up to the present. Therefore this part contains thirteen bills in total, including the one, which later becomes the Act No. 71/2012 Coll. Individual bills are compared and contrasted. The pertinent political and social circumstances accompanying their origin are also briefly mentioned. As the result of this comparison the author comes to the conclusion that the true motive to pass the Constitutional Act No. 71/2012 Coll does not lie in its content or its...
Philosophical and psychological issues of free will; free will and responsibility
Kolda, Jakub ; Kosek, Jan (advisor) ; Ondřejková, Jana (referee)
1 ABSTRACT Presented thesis deals with different approaches and methods of research on the free will issue and with the comparison of these approaches and methods. First part comprises of description of the philosophical discourse of free will. This part is divided into four sections. First section includes those free will concepts that can be called hard- deterministic, as they hold the laws of physical determination to be true and they believe that there is no such a thing as a free will in this world. Compatibilist theories whose authors claim that the laws of determination and free will are able to coexist are included in the second section. Third section encompasses those free will theories that claim that free will is not possible both in deterministic and non-deterministic world. These theories are called impossibilist. Libertarian theories which claim that in fact there exists free will in a non-deterministic universe constitute the last section. Content of the second part of the thesis is based upon neurological studies and praxis of legal experts in the field of psychiatrics and psychology in the Czech Republic. Opening section consists of three divisions. The first one is devoted to the description of the physiological correlates of will processes and to the cases of disruptions in these...
The principle of primacy of EU law in the theory and practice of the courts of the European Union Member States
Ondřejková, Jana ; Gerloch, Aleš (advisor) ; Kühn, Zdeněk (referee) ; Masopust, Zdeněk (referee)
The submitted dissertation thesis analyses the principle of primacy of EU law from the basic point of view of legal theory. It points out different approaches to the primacy principle and examines the arguments on which these approaches are based. The fist part of the thesis deals with the examination of the primacy principle related to its legal basis, using the sources most frequently listed in the literature: the founding treaties, the case law of the Court of Justice, legal theory (Kelsen's basic norm, Hart's rule of recognition and the legal sociology approaches), and international and national law. I have focused on the historical documents (Treaty Establishing the European Coal and Steel Community, Treaty Establishing the European Economic Community), the concepts based on them (doctrine of the conferred powers and the principle of subsidiarity), and the non-ratified Treaty Establishing a Constitution for Europe and legally non-binding Declaration No. 17 attached to the Lisbon Treaty. I have applied a critical approach to the argumentation of the Court of Justice in the decisions establishing the principle of primacy: Van Gend en Loos, Costa, Internationale Handelsgesellschaft, Simmenthal. Taking into account the existing objections against the arguments used by the Court of Justice, I have...
The principle of primacy of European law and the legal order of the Czech Republic
Ondřejková, Jana ; Kysela, Jan (advisor) ; Tryzna, Jan (referee)
105 Summary - shrnutí v anglickém jazyce; klíčová slova The presented thesis challenges the simple reading of the principle of primacy of European law as a "rule of primacy in application". Both the analysis of the early decisions of the Court of Justice of the European Communities (ECJ) on the primacy of Community law (Van Gend en Loos, Costa, Internationale Handelsgesellschaft, Simmenthal) and the short insight to the political and legal development of the European integration indicate, that the differences among scholars in theorising about the meaning and the scope of application of the principle of primacy are significantly based on their pre-understanding of the relationship between the European and national legal system. Therefore, the scope of application of this principle is assessed according to the subsequent decisions of the ECJ. The special regard was given to the possible exceptions based on EC/EU Treaties and/or recognized by the ECJ. The most common readings of the principle of primacy - the rule of interpretation, the collision rule, the derogation rule, the legal principle and the essential quality of European law - were studied in order to establish which of them correlates the best with the results of the decisions of the ECJ on the scope of application and exceptions to this principle....
Direct democracy in the 21st century: challenges and pitfalls (including forecast of future development)
Kozák, Lukáš ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
Direct democracy in the 21st century: challenges and pitfalls Abstract The thesis deals with the position of direct democracy in the 21st century, what are its advantages and disadvantages and problem areas. Before that, it briefly presents why such strong voices calling for direct democracy have been heard in recent years. The first part of the thesis describes the emergence of representative democracy and how this process was influenced by opinions on direct democracy. Furthermore, the reasons for the existence of representative democracy are outlined and the theory behind it is briefly introduced. In its second part, the thesis discusses, in greater detail, the present of representative democracy, what are its advantages and disadvantages and what problems it faces, which quite possibly threaten its very existence. In this part the thesis is based, among other things, on sociological findings, especially in Czech society. These problems largely explain frequent considerations about the implementation of direct democracy. The third part turns its attention to direct democracy exclusively and describes its history, more precisely, important passages from it. It also describes the theoretical foundations of direct democracy, in which the defense of direct democracy by its promoters is hidden to some extent....
Right-wing extremism and its legal consequences under Nazism and today
Šimonek, Patrik ; Kosek, Jan (advisor) ; Ondřejková, Jana (referee)
The diploma thesis deals with the influence of right-wing extremism on the legal order and compares the consequences that activities of right-wing extremists had and have on the law. The basic principles of right-wing extremism, as well as the basic theses on which right-wing extremist ideologies are based, are described in the diploma thesis. The diploma thesis "Right- wing extremism and its legal consequences under Nazism and today" is divided into ten chapters and a conclusion and discusses the manifestations of tribal nationalism in the legal order of Nazi Germany and describes the implementation of Nazi legislation in the Protectorate of Bohemia and Moravia. The attention is also paid to the development of national particularism, its ideas and to the idea of national exceptionality. However, the idea of national exceptionality puts the unexceptional "others" on the opposite pole of the same axis and subsequently leads to their discrimination and persecution. The law then becomes the perfect tool to discriminate against and persecute these "others". Main attention is thus paid to racial legislation of the Nazi Germany, which were based on conclusions of eugenics "scientists" of the time. The diploma thesis therefore in detail discusses the Nuremberg Laws, as well as other subsequent by-laws,...
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,...
The Temptation of illiberal democracy in the postcommunist Europe
Ščeblykin, Kirill ; Pithart, Petr (advisor) ; Ondřejková, Jana (referee)
The temptation of illiberal democracy in the postcommunist Europe Abstract This thesis deals with the concept of illiberal democracy. In the first half it sums up the debate from which the concept arose. It describes the difference between liberalism and democracy and it also explains how these two concepts are interconnected. It describes the concept of defective democracies as conceived by Wolfgang Merkel. I also outline the constitutional aspects of the debate about illiberal democracy. In the second half the text applies Merkel's theoretical framework to analyse the cases of Poland and Hungary. The period of time, that was chosen, starts with the moment when parties Law and Justice and Fidesz gained majorities large enough for profound institutional changes. The period ends with activation of article 7 of the Treaty on European union. The text follows the structure of the Merkel's criteria. It analyses, how the voting rights and free access to power were preserved in both countries, if the political decisions are taken by elected representants, if there is a mutual control between the institutions and to what degree can the state power intervene into the private sphere of the citizens. I conclude that both Poland and Hungary could not be called liberal democracies in the period under review. The Polish...
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...

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