National Repository of Grey Literature 12 records found  1 - 10next  jump to record: Search took 0.01 seconds. 
Comparison of the legal regulation of citizenship of the Czech Republic and Ukraine during the period of independent states
Veretelnyk, Iegor ; Uhl, Pavel (advisor) ; Hřebejk, Jiří (referee)
1 Comparison of the legal regulation of citizenship of the Czech Republic and Ukraine during the period of independent states Abstract The aim of this thesis is to take a closer look at the phenomenon of state citizenship through the prism of the state-citizenship regulation of two young states with different legal continuity and history. Namely, the Czech Republic and Ukraine. State citizenship is a dynamic concept undergoing transformation simultaneously within human society and its values in general and legal culture in particular. The transformation of this phenomenon can be generalized on the dichotomous scale of "state power - individual", when in the context of, among other things, international law and specifically human rights doctrine, the concept of citizenship in most states is increasingly approaching the pole of individual; when it ceases to be the sovereign domain of state discretion and unlimited state power but begins to be seen as a human right or even a free choice of the individual. The main objective of this thesis was to determine whether the two countries of study have also approached this concept with their state-citizenship arrangements, and to determine to what extent the current Czech and Ukrainian citizenship legislation is shaped, or influenced, by previous legal arrangements in...
Comparing human rights arguments against women's suffrage and same­sex marriage
Kubicová, Kateřina ; Hofmannová, Helena (advisor) ; Uhl, Pavel (referee)
This thesis focuses on the new human rights and their significance in the context of current legislation and case law. It defines their content and possibilities of their regulation, as well as provides specific cases and doctrinal concepts. The new human rights include the rights of members of the LGBTQ+ community. This thesis focuses in more detail on the topic of same- sex marriage, which is widely discussed (not only) in the Czech Republic. These marriages have not yet been allowed in our country, although the European trend is different - it is therefore appropriate to ask what the current arguments of their opponents are. They mention, for example, the historical aspects of the institution or the potential threat to traditional schemes. Its supporters, on the other hand, stress the importance of equal rights for all, regardless of their sexual orientation or gender identity. The thesis also uses a traditional constitutional law tool, the proportionality test, to compare these positions, which primarily weighs the importance of the rights on both sides. This paper focuses on comparing the arguments used by contemporary opponents of same-sex marriage with those historically used by opponents of women's suffrage. The primary reason for this choice is that these arguments overlap to a large extent. Yet,...
Statutory Insolvency Trustee? Guarantees of independence and impartiality in a pre-packaged reorganisation
Kopřiva, Jaroslav ; Uhl, Pavel (advisor) ; Preuss, Ondřej (referee)
Statutory Insolvency Trustee? Guarantees of independence and impartiality in a pre-packaged reorganisation Abstract The topic of this thesis is the analysis of the right to a statutory judge enshrined in the Charter and its possible application to insolvency proceedings. In particular, the thesis deals with the interpretation of this right and its possible application to other subjects deciding in individual proceedings (e.g. executors, arbitrators, public prosecutors, and insolvency trustees) and the evaluation of the fulfilment of the guarantees arising from this right in insolvency proceedings. The first part of the thesis is thus devoted mainly to the analysis of Article 38 of the Charter, identification of the individual components, i.e. the requirements for legal regulation, which arise from this article and determination of specific aspects of the applicability of this article to other proceedings. The starting point in this respect is in particular the decisions of the Constitutional Court. The second part of the thesis is devoted to the specific requirements arising from the Charter, in particular the guarantees of independence and impartiality of the body deciding the case. It analyses the requirements for the independence and impartiality of courts and judges and compares them with the conditions...
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...
Decision - making of judges of constitutional courts in the Czech and Slovaka Republic in the context of non - legal aspects
Habová, Patrícia ; Reschová, Jana (advisor) ; Uhl, Pavel (referee)
62 Decision - making of judges of constitutional courts in the Czech and Slovak Republic in the context of non - legal aspects ABSTRACT The diploma thesis approaches the relevant non-legal influences on the decision-making of constitutional court judges in the Czech and Slovak Republics based on the existing literature, important decisions of the constitutional courts of the Slovak and Czech Republics and on the basis of empirical research available. Furthermore, the work deals with how the non-legal influences on the decision-making of judges of the constitutional court are taken into account by individual actors in the process of selecting judges of the constitutional courts. Another key point of the work is to find out whether in these countries it is ensured that the constitutional courts have a representative constitutional court, which could lead not only to better decision-making but also to increased credibility in the judiciary. Key words: constitutional judiciary, constitutional court judge, diversity
Rejection of an application for citizenship of the Czech Republic due to a security threat
Hlubučková, Kristýna ; Hřebejk, Jiří (advisor) ; Uhl, Pavel (referee)
Rejection of an application for citizenship of the Czech Republic due to a security threat Abstract This diploma thesis focuses on the analysis of a minority opinion, based on the thesis that a restriction of procedural rights of applicants for citizenship whose application was rejected due to a security threat is not fully in line with the principle of poportionality and the fair trial right. The assessment of whether the principle of proportionality has been mainteined is based on comparison of the value of state security and the potential interference with the (fundamental) rights and freedoms of the applicants. Furthermore, the thesis deals with the procedure of the Ministry of the Interior in assessing the positions of the intelligence services of the Czech Republic and the Police of the Czech Republice and the role of the Constitutional Court and the Ombudsman in the proces of reviewing potential interference with (fundamental) rights and freedoms of citizenship applicants. For the purpose of the analysis of the statements outlined above is used: case law of the Constitutional Court of the Czech Republic on the provisons of Article 22 Paragraph 3 and Article 26 of Act No. 186/2013 Coll., On Citizenship of the Czech Republic, and the Explanatory Memorandum to this Act. The studies of academics had been...
The impact of the political question doctrine on decision-making of judges of the Constitutional Court of the Czech Republic
Procházková, Andrea ; Kysela, Jan (advisor) ; Uhl, Pavel (referee)
The impact of the political question doctrine on decision-making of judges of the Constitutional Court of the Czech Republic Abstract The thesis deals with the influence of the political question doctrine on decisions of the Constitutional Court of the Czech Republic. It explains the meaning of the political question in the United States, describes what the possible Czech political questions could be and outlines reasons for judicial restraint in the cases lying on the boundary of law and politics. The first part of the thesis briefly presents relations between constitutional law and the part of politics which is closely connected to the constitutional judiciary. This relationship is explained by a phenomenon called the judicialization of politics which describes the growing role of constitutional courts in solving political controversies and policy questions. Moreover, to better understand the impact of the political question doctrine on decision-making of Czech constitutional judges, the second part of the thesis deals with the origin and an establishment of this doctrine in the Supreme Court of the United States, and indicates its future development. The third and fourth part of the thesis focuses on defining the Czech political question, its limits and also on its application by the Constitutional Court...
The right to a lawful judge
Hruška, Lukáš ; Uhl, Pavel (referee)
The right to a lawful judge Abstract This thesis deals with the basic subjective right to a lawful judge. Its basis consists of analysis of the constitutional and statutory provisions (formal aspect) and their interpretation in the context of merits of the right to a lawful judge (material aspect). The research question of this thesis is as follows: "Are the statutory provisions (or tables of duties) and practices of courts in the Czech Republic aligned with principles and purpose of the basic right to a lawful judge?" General, basic and theoretical issues of the right to a lawful judge such as its nature as a basic subjective right, the scope of its addressees or relation to the right to a due process in line with Article 36 paragraph 1 of the Charter of fundamental rights are analyzed in the second chapter. Findings of this analysis are used to demonstrate the purpose for which the right to a lawful judge was included in the Charter of fundamental rights as well as the implications for independence of the judiciary and procedural rights of parties to the proceedings. Origin of the right to a lawful judge is subsequently explained by a short recourse in chapter three which deals with several historical periods which are most often linked to the necessity of the right to a lawful judge. A deeper analysis of...
Constitutional aspects of compulsory vaccination
Plačková, Anna ; Kindlová, Miluše (advisor) ; Uhl, Pavel (referee)
1 Diploma thesis topic title Constitutional aspects of compulsory vaccination Abstract This diploma thesis focuses on the assessment of the constitutional conformity of compulsory vaccination. In particular, the thesis deals with the conflict of interest in combating the emergence and spread of infectious diseases and the interest in not interfering with fundamental human rights. The main objective of the thesis is to provide a possible line of reasoning for defending the compliance of the vaccination obligation with the constitutional order. The aim is to cover all conceivable aspects that can be associated with mandatory vaccination. First, an interference with fundamental rights is examined in the light of the Charter of Fundamental Rights and Freedoms. By performing the proportionality and rationality analysis it is assessed whether the limitation of the affected rights can be justified. A special attention is paid to a statutory reservation and a conscientious objection. Due to a significant importance of the system of the European Convention on Human Rights, one part of the thesis is focused also on the examination of the compliance of compulsory vaccination with this international instrument. For those purposes a five-step analysis is performed. In this thesis also medical issues are discussed...

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