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The concealed performance of public power and values protected by the constitutional order
Klaban, Vladimír ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
The aim of this diploma paper is to analyse and define the nature of secret exercise of public authority and to asses this phenomena in respect of the fundamental principles of the democratic rule of law. Any secrecy in exercising public authority is in fact a clear contradiction to a natural concept of the human rights and fundamental freedoms. Therefore the republic, as a public institution, should not have too many secrets to hide away from the people if its own principles are not to be completely disgraced. Secrecy in exercising public authority is a specific feature often related to the areas such as securing the sovereignity and territorial integrity of the Czech Republic, protecting its democratic foundations, protection of the lives and health of the population as well as the right to own the property. This is in full accordance with the constitutional duty of the state. Limited access to the information has a unique and 84 inevitable role in these areas and it is clearly mentioned in the Charter of Fundamental Rights and Freedoms, the European Convention of Human Rights and Freedoms and the International Covenant on Civil and Political Rights. The question of choice between the security and the liberty has been recently heavily discussed by the people as a natural follow up to the...
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Does judicial activism endanger the constitutional order of the CR?
Bartonička, Jan ; Hřebejk, Jiří (advisor) ; Hofmannová, Helena (referee)
It is often accentuated - not only by legal scholars, but also by political scientists - that law, politics, and society in the modern West have been marked by the increasing power of the judge. Therefore in my thesis I have decided to describe the current problems in the constitutional judiciary, including the issue of the so-called goverment of judges (or judicial tyranny) and the role of constitutional courts and judges in modern society. Needless to say, my work is based on extensive use of the fundamental book "Constitutional Courts and Democratic Values: A European Perspective" written by Victor Ferreres Comella, which provides the most detailed analytic description of the centralized model of constitutional review currently available. My thesis consists of an introduction, four chapters and a final conclusion. In the first chapter, the history of Czechoslovak and Czech constitutional judiciary is described from the beginning in the 1920s to the birth of the Czech Republic in the 1990s. In the second part of my thesis, the models of constitutional judiciary in contemporary world in brief are dealt with. French, American and German model are characterized and the specific way in which they function is investigated. In the third chapter I focus on the so-called problem of judical republic,...
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The legal status of the citizen in the case of defence of the Czech Republic
Mahler, Dan ; Kudrna, Jan (advisor) ; Hřebejk, Jiří (referee)
1 Abstract This thesis deals with the legal status of the citizen in the case of defence of the Czech Republic. It summarizes rights and duties of the citizen in this area and seeks to capture possible shortcomings in current legislation. For this purpose, the first chapter focuses on the theoretical state science background of the relationship between the state and the citizen in defence issues. It describes the importance of defence and the reasons why the state should deal with it. Both classical state science theories and contemporary doctrine are used. The second chapter captures the contemporary constitutional position of defence and security issues in general. It describes elementary constitutional principles that determine defence legislation and the citizen's position within. It summarizes the present-day doctrine of limitations placed upon the fundamental rights and freedoms because of defence issues. There are also descriptions of states of crisis with attention to the state of threat to state and state of war, which relate to the defence of the Czech Republic. The third chapter deals with individual defence laws. Attention is paid to the duties and rights that legislation imposes on citizens, the methods by which it does so and the penalties for failure to fulfil these obligations. The powers of...
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Constitutional transformation and dissolution of the Czechoslovak Federation after November 1989
Janeček, Viktor ; Gronský, Ján (advisor) ; Hřebejk, Jiří (referee)
Diploma thesis "Constitutional transformation and dissolution of Czechoslovak Federation after November 1989" is focused on legislative reflection of political changes in a federation in which one of the two nations' state-law ambitions have never been sufficiently fulfilled. This situation resulted into the dissolution of the federation that happened as an outcome of political negotiations of either republic's political representations that have endeavored to proceed with as legal means as possible, however mostly created ad hoc. The aim of this thesis is to describe these legal means of legal dissolution of a state since their political formulation, through their origination until their final acceptance. First part of this diploma thesis describes the origination of Czechoslovak Federation in 1968, interruption of the federalization processes in the times of so-called normalizations and continuance of this process after the changes in 1989 including drafts of a communist constitution and an opposition constitution towards the end of this year. Second part of this diploma thesis describes transformation of the Czechoslovak Federation as it happened in the first year after the Velvet revolution. This part also includes disquisition about integrating elements of a federative state as well as it is...
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State citizenship in adjudication
Vasilieva, Yanina ; Hřebejk, Jiří (advisor) ; Jirásková, Věra (referee)
75 Abstract The aim of this work is to describe and analyze the concept of the state citizenship in general and in the Czech Republic from a theoretical and practical point of view. At the theoretical level, this work explores the concept of state citizenship and the related terms such as nationality analyzed in the first chapter that has a broader conceptual content. Nationality is used as a benchmark concept to distinguish vertical and horizontal levels of state citizenship. At the vertical level, often referred to as functional citizenship, the focus is on the relationship between the state and its citizens. By contrast, the horizontal level concentrates on ties between citizens within a state that are based on solidarity and collective sense of belonging. This leads to the particular role of state citizenship that provides an individual with a set of privileges such as legally enshrined special treatment by the state. The second chapter of this work studies the historical development of the state citizenship on the Czech territory since 1918. This chapter clearly demonstrates important institutional legacies from the first Czechoslovak Republic that were overtaken by the new regime after 1989. Related legal resources of state citizenship are examined in the next chapter that scrutinizes them as part of...
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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...
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Case law of the courts in electoral matters and the development of electoral legislation in the light of judicial review
Svobodová, Jana ; Antoš, Marek (advisor) ; Hřebejk, Jiří (referee)
Case law of the courts in electoral matters and the development of electoral legislation in the light of judicial review The main objective of this thesis is to provide a comprehensive overview of the electoral justice and electoral legislation, which is unfortunately highly fragmented across several laws. The current form of the Electoral Law causes a number of problems in practice, which the administrative courts and the Constitutional Court have to deal with. Various legislative and executive bodies are formed on the basis of the elections and their results, which subsequently affects the entire legal order and, consequently, each individual through their activities. This thesis includes a description of how the courts proceed under Section Four of the Administrative Procedure Code when reviewing elections. It also contains an overview of the development of the influence of the Constitutional Court and legislation on electoral laws and an assessment of possible future developments through an analysis of individual court rulings and decisions relating to elections and their review. Keywords: judicial review of elections, development of electoral jurisprudence, development of electoral law
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Legal regulation of the status of political parties in the Czech Republic
Holoubek, Tomáš ; Jirásková, Věra (advisor) ; Hřebejk, Jiří (referee)
1 Abstract The aim of the thesis is to present a comprehensive picture of the legal regulation governing the status and activities of political parties in the Czech Republic, to point out its weaknesses and, where appropriate, to present de lege ferenda proposals. The thesis is divided into four parts. The first part deals with the general development of modern political parties and the reasons that led to their institutionalization. Then, it presents the development of the legal regulation of political parties in the Czech lands, starting with the revolutionary events of 1848 and 1849 and ending with the establishment of the independent Czech Republic. The quasi-institution of political movements, whose presence in the legal system cannot be defended in any way, is also presented. The second part deals with the constitutional incorporation of political parties. At the constitutional level, the privileged role of political parties in the political system is explicitly recognised. Safeguards for the free development of political parties are enshrined here, but also their obligation to respect fundamental democratic principles. The third part deals with the legal regulation of the most important aspects of the life of political parties - the issues of their formation and dissolution, the regulation of...
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