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Czech Republic as a Laic State
Karola, Petr ; Pavlíček, Václav (advisor) ; Bartoň, Michal (referee) ; Reschová, Jana (referee)
1 Název disertační práce, abstrakt a 3 klíčová slova v anglickém jazyce Czech Republic as a Laic State Abstract The dissertation on The Czech Republic as a Laic State focuses on the complicated relationship between the Czech state, churches, and religious societies, which on one hand symbolizes centuries of efforts trying to separate the state from the churches (especially the Roman Catholic one) and on the other hand a long struggle for religious freedom. Its main research question is whether the Czech Republic is a laic state. Despite its obvious importance and topicality, this topic is not much addressed in contemporary Czech constitutional law theory. The thesis is divided into six extensive chapters containing both constitutional and state law aspects of the relationship between the state and churches, as well as human rights theory concerning religious freedom. An extensive historical and legal analysis of history has not been omitted as well. In the second chapter, the reader will thus learn what the principle of laïcité is, from which the present model of the laic state has developed, and what its roots are. There is also discussed the key terms like secularization and desecularization. The third chapter is devoted to the theoretical foundations of the thesis. It is dedicated to the analysis of...
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The National Constituent Assembly in the period of 1946 - 1948
Tkadlec, Jaroslav ; Gronský, Ján (advisor) ; Pavlíček, Václav (referee)
THE NATIONAL CONSTITUENT ASSEMBLY ABSTRACT The diploma thesis deals with the activity of The National Constituent Assembly in the period of 1946-1948. It is aimed at the creation of this constitutional body, particularly from the perspective of legal principles which served as the basis for establishing the second post-war parliament. This diploma thesis looks at the activity of the National Constituent Assembly from two angles: contextual and chronological. According to the contextual angle the thesis differentiates between legislative function and constitutional one. From the chronological angle, the decisive moment is the political crisis escalating in February 1948.The crucial part of the thesis is concerned with, so called Struggle for Constitution, which in a wider historical context could be considered a struggle for the country's future. KEY TERMS the National Constituent Assembly , Struggle for Constitution, February 1948, the 9th May Charter
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Decrees of the President of the Republic - constitutional and international contexts
Velebil, Petr ; Gronský, Ján (advisor) ; Pavlíček, Václav (referee)
- anglický jazyk In my thesis I deal with presidential decrees in constitutional and international context. It consists of 5 parts. There are preconditions for the emergence of decrees in the first part. This international-legal recognition of the Czechoslovak government in exile, the theory of legal and political continuity of Czechoslovakia, uninterrupted presidency of dr.Beneš and the withdrawal of the Munich Agreement. The second part talks about the concept of issuing decrees. In the third part is the most important content of constitutional decrees. The fourth section deals specifically about formal-legal, material-legal and political continuity. In the last part I deal with today's issue of the validity of the decrees and decrees of the Czech Republic by accession to the European Union. Government in exile was recognized by Great Britain in 1940. It was very important because it could arise decrees. It arranged the constitutional decree Nr. 2/1940 official bulletin of Czechoslovakia, which established the emergence of decrees. Decrees of the President of the Republic published a proposal to the government. The State Council worked on decrees since 1942, received as an advisory vote. This decree suspended formal-legal continuity. The situation changed even Slovak National Council, because...
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Legal regulation of the position of political parties in the CR
Kučerová, Marie ; Jirásková, Věra (advisor) ; Pavlíček, Václav (referee)
The purpose of the thesis is to evaluate the position of political parties in the Czech Republic on basis of constitutional and special statutory legislative regulations. First the position of political parties in the Czech Republic as a democratic state (constitutional point- of-view) is analyzed, followed by wording focused on legislation of basic aspects of existence and activities of political parties (particularly from the viewpoint of the statutory regulation). When processing the theme the jurisprudence and historical development of the relevant legislation was considered. The thesis is composed of five chapters, each of them as a rule divided into subchapters. Chapter One describes the position of political parties in a democratic system of government, resulting from their relation to the state and the society. Individual subchapters deal with term and function definitions of political parties derived from the legal regulation and completed by corresponding jurisprudence of the Constitutional court. There is also reference to critical view typical for political parties institution in connection with legal regulations as a possible means for correction of some negative features mentioned. The Chapter Two is mainly focused on historical development of legal regulation of political parties on...
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The matter of the restitution of the church property after 1989
Karola, Petr ; Kudrna, Jan (advisor) ; Pavlíček, Václav (referee)
The theme of the thesis: ,,The matter of the restitution of the church property after 1989", has been chosen due to the interesting public debate about this topic, which is very interesting, topical, sharp and clearly very controversial. The importance of the issue adds its development, while there are still continually opened new aspects and perspectives of this topic. The topic is significant by ambivalence of opinions, basically a certain helplessness and by the sharp clashes of the different opinions of the professional community. The cause is very simple. It is a problem with very complex historical and legal background. The diploma thesis attempts to uncover the background of the preparation of the restitution process and of the separation of the church and state after the 1989 including their historical background and important constitutional aspects. My goal was to describe a path which led to the enactment of the law about the property settlement with the churches and religious societies in 2012. The intention of this paper is not to cover all aspects of this topic, after all that is impossible in frame of one diploma thesis, but it should provide the reader a formally complex material which clarifies the causes and consequences of the enactment of the Act no. 428/2012 coll., about the...
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