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Proportionality of the electoral system for the Chamber of Deputies
Kohlová, Barbora ; Hřebejk, Jiří (referee)
Proportionality of the electoral system for the Chamber of Deputies Abstract Proportional system allocates to a party a percentage of seats equal to the percentage of the votes received in the election. Because of the indivisibility of seats and in the interest of the functionality of the elected body, full proportionality can never be achieved. However, its level can be significantly influenced by manipulating the variables of the electoral system. Because of the contradiction with the principles of proportional representation and the principle of equality required by the Constitution the Constitutional Court in its decision Pl. ÚS 44/2017 just eight months before the elections, it repealed important provisions of the Act on Elections to the Parliament of the Czech Republic, in particular the electoral formula and the additive closing clause for coalitions. Due to the upcoming elections to the Chamber of Deputies, Parliament was forced to quickly adopt a compromising amendment. The main goal of this thesis is to determine whether this amendment, adopted as Act No. 189/2021 Coll., which replaced the existing D'Hondt method with a non-traditional Imperiali quota and introduced a second, nationwide, scrutiny to redistribute the remaining votes, fulfilled the requirements of the Constitutional Court and...
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Delimitation of the state territory of the Czech Republic and changes to state borders
Šmíd, Adolf ; Hřebejk, Jiří (advisor) ; Suchánek, Radovan (referee)
Delimitation of the state territory of the Czech Republic and changes to state borders Abstract The diploma thesis focuses on the analysis of the state territory and state borders of the Czech Republic. In particular, it focuses on the historical development and current legislation that shapes the state borders of the present Czech Republic. Initially, I focus on the true core of border law. Given that the state territory is based on the Constitution of the Czech Republic, I analyse the constitutional provisions and related laws that form the legal basis of border law, its protection and other key aspects. Further, I analyse the constitutional and historical development of the Czech Republic since the dissolution of Austria-Hungary after the First World War, which represents the rebirth of the borders of an independent and sovereign Czech state (or Czechoslovakia). The historical chapter discusses the changes and other events concerning the state borders before and after the Second World War, the period of socialism, the emergence of the federation and the establishment of the independent Czech Republic. Since the legal norms and international treaties concerning state borders are very specific and demanding, I devote one chapter directly to the process of translating an international treaty into the real...
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Fundamental human rights and freedoms in a state of emergency
Štěpánek, Matěj ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
1 Fundamental human rights and freedoms in a state of emergency Abstract The subject of this thesis is a description of the institute of the state of emergency and its impact on specific fundamental human rights and freedoms defined in Section 5 of Act No. 240/2000 Coll. on Crisis Management (Crisis Act). The first chapter compares the state of emergency with the state of war, state of national emergency, state of danger and state of pandemic emergency. It also includes a discussion of the circumstances surrounding the adoption of the Pandemic Act and concludes with a historical perspective on states of emergency. The second chapter discusses each case of state of emergency - the 2002 floods, the 2006 floods, Hurricane Kyrill 2007, the 2013 floods, the covid pandemic and the war in Ukraine. For specific states of emergency, the reason for their declaration and a list of the fundamental rights that have been restricted are described. The third chapter describes the instruments that interfere with fundamental rights and freedoms, of which the most space is devoted to government crisis measures, including a discussion of their substantive nature and the related judicial review. The subsection on emergency measures of the Ministry of Health elaborates on the principle of reservation of the law enshrined in...
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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...
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Dissents and their role in judicial decision-making
Stádník, Jakub ; Hřebejk, Jiří (referee)
Dissents and their role in judicial decision-making Jakub Stádník Abstract This thesis deals with dissents to judicial decisions, i.e., dissenting opinions of the judges which are published along with the decision. In the Czech context, these are mainly dissenting opinions of the Constitutional Court judges, which (despite the lack of direct binding force) occupy a significant space not only in academic discussions but can also become the basis for future changes in legal opinion. Despite this practical significance of the dissenting opinions, however, they have received rather little attention or, with a few exceptions, have not been dealt with in a broader context in any text to date. This was the main motivation for writing my thesis. The most important context in relation to the existence of dissents is their impact on the legitimacy of decisions. There are views that consider dissenting opinions to be beneficial to the legitimacy of courts and their decisions, as well as views that are quite the opposite. Thus, the primary goal of this paper is to analyze the role of dissenting opinions in terms of their impact on the legitimacy of decisions. This is an aspect that runs throughout the whole text. The thesis begins by defining the terms dissent and dissenting opinion and seeks to introduce both foreign...
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The right to inclusive education
Podhorský, Václav ; Hřebejk, Jiří (referee)
of thesis "The right to inclusive education" The thesis deals with the issue of inclusion in education, especially its legal protection and the assessment of the extent to which the right to inclusive education can be characterized as a fundamental human right. After the introduction, definition of the subject and object of the right to inclusive education (including the international context), description of its legal provision and some circumstances in relation to its implementation in the Czech Republic, the right to inclusive education is evaluated in relation to the constitutional order of the Czech Republic. The international human rights treaties are studied in the following two chapters. Special attention is paid in this context to the issue of the so-called bankruptcy judgement of the Czech Constitutional Court and the rarely concerned question of its temporal scope. In addition to positive law, some decisions of the Constitutional Court and Czech general courts are also taken into account. In relation to international human rights treaties, significant attention is also paid to the decisions of international bodies, in particular the European Court of Human Rights. The case law of the European Court of Human Rights not only provides many arguments in relation to the assessment of the...
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Constitutional law questions of weapons ownership with a focus on the Czech Republic
Havlíček, Václav ; Kudrna, Jan (advisor) ; Hřebejk, Jiří (referee)
Constitutional law questions of weapons ownership with a focus on the Czech Republic Abstract This diploma thesis deals with the issue of ownership and disposal of weapons by civilians in the context of constitutional law with the aim of presenting the reader with a complex basis for understanding the individual institutes related to this topic. The primary focus of this thesis is the area of firearms disposal as a central point of the social debate on this issue. The thesis is divided into seven chapters, each of which is devoted to a different systematic unit. The first chapter is devoted to the definition of the term "weapon" by comparing the concept of this term across different branches of law and making a division of different types of weapons based on their partial characteristics. The second chapter will take the reader through the history of the legal regulation of weapons in our territory, which has been reflected in the current legal concept of weapons in the Czech Republic. Following this, the third chapter describes the current legal regulation of the handling of weapons by civilians in the Czech Republic, especially considering the events of the last two decades. In a separate subchapter, attention is paid to the recent incorporation of weapons into the constitutional order of the Czech...
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Judicial system in the Czech Republic
Vrána, Matouš ; Hřebejk, Jiří (advisor) ; Suchánek, Radovan (referee)
Judicial system in the Czech Republic Abstract This thesis focuses on the topic of the Judicial System in the Czech Republic, the aim of which is to provide a clear and compact interpretation of the chosen topic. The structure of the thesis respects the arrangement of the individual organizational branches of the court system according to Act No. 6/2002 Coll., on the Courts and Judges, Lay Judges and the State Administration of the Courts and Amending Certain Other Acts (the Judiciary Act), as amended by later regulations, i.e. from the highest to the lowest organizational branch. The thesis is structured into four chapters, where the first chapter of the thesis serves as an introduction, in which an explanation is presented concerning the separation of powers in the state and the basic related concepts, which are further explained in more detail in individual subchapters to better grasp the topic. The second chapter of the thesis is focused on the legal sources of the judiciary, where the first subchapter contains the basic definition of the sources of law and the following subchapters are focused on the interpretation of the main legal sources of the organization of the judiciary in the Czech Republic. The third chapter is the main part of the thesis, which describes the organization of the courts in the...
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Constitutional quarantees of territorial self-government
Borovička, Roman ; Hřebejk, Jiří (advisor) ; Mlsna, Petr (referee)
Constitutional guarantees of territorial self-government Abstract The aim of this diploma thesis is to present selected institutes of constitutional and administrative law, which are connected with territorial self-government and which guarantee territorial self-governing units their existence and functioning, analysis and evaluation of application of these institutes in practice, warning of their potential difficulties, or proposal their modifications or improvements so as to provide sufficient legal guarantees for independent activities and the existence of local self-government in the Czech Republic. The method of selective literary research is applied in the diploma thesis. Materials related to its topic are used for the elaboration of the work, mainly works from the branches of constitutional law, administrative or municipal law, corresponding legal acts and comments. The method of observation was also used, in which the author tries to find out how the individual institutes, which are in any way connected with the issue of constitutional guarantees of local government, behave in reality, approach their main purpose and also analyse their real effectiveness thanks to elements of the analytical method. in particular through the broad case law of the Constitutional Court. The author of the thesis adds...
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