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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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Judicial activism
Pumr, Jaromír ; Tryzna, Jan (advisor) ; Wintr, Jan (referee)
Judicial activism Abstract This thesis tries to complexly grasp the phenomenon of judicial activism. The key role for it and its analysis of judicial activism is the theory of separation of powers in the state, without its comprehension it is hardly possible to correctly assess. The first chapter thus focuses on the theoretical concept of separation of powers, its evolution and current standing. Takes a critical stand with present thinkers and suggests rethinking its approach to stress the theory's purpose instead. The second chapter analyses judiciary and judicial system from the functional and institutional approach. Offers its classical definitions yet describes many authors who criticize the affinity of judicial power's activity to the one of state administration. It tries to rebut those opinions with arguments of specific expertise of judges and of its legitimacy. In the third chapter the focus is on the judicial activism. It identifies large dispersion of its definitions therefore uses meta-analysis of Keenan Kmiec for its definition. Firstly, discusses the major change of judicial power in society during the last century and for this reason addresses those most important changes: hypertrophy of law and human rights, and shift of the main interpretational paradigms to natural law emphasis....
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The Indpendene of the Judiciary in the Czech Republic
Josef, Jakub ; Kindlová, Miluše (advisor) ; Syllová, Jindřiška (referee)
This diploma thesis deals with the topic of the independence of the judiciary, which is grasped in its full complexity. The thesis aims to answer two research questions: what techniques of influencing of the independence of the judiciary exist and how could be the resistance of the Czech judiciary against these techniques strengthened. In order to answer these two questions, thesis introduction elaborates the theory of the concept of an independent judiciary, independent court and independent judge and explains the difference between the concepts of judicial independence and judicial impartiality. After the introduction, the thesis describes in detail the steps which have been undertaken in Hungary and Poland since 2010 and which enabled to paralyze the independence of the judiciary in these states. The detailed description of the attacks against the independent judiciary helps to conceive different kinds of techniques by which can be the judiciary influenced. These techniques are categorized in the third part of the thesis. More attention is given to the court- packing technique and to the technique of disciplinary proceedings with judges. Another part of the thesis is dedicated to the second research question - how one can successfully fight against techniques of influencing an independent...
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The rule-making power of the European Commission
Lenfeld, Jiří
The rule-making power of the European Commission, dissertation Mgr. Mgr. Jiří Lenfeld, M.A.; supervisor: doc. JUDr. Richard Král, Ph.D., LL.M. Charles University, Faculty of Law, Department of European Law Prague, March 2013 The aim of the dissertation is to analyse the role of the European Commission in the legislative process of the European Union with the focus on procedures for adoption of legally binding Union acts. The European Commission is one of the main institutions of the European Union. It represents and upholds the interests of the EU as a whole and manages the day-to-day business of implementing EU policies. However, to limit the role of the European Commission to that of an executive body would be misleading. Its role in the EU institutional system is much broader than that. The European Commission is the most important legislator among the EU institutions and is also empowered with an almost exclusive power to submit drafts of EU legal acts. The rule-making power of the European Commission could be seen from two different points of view. In a narrow sense of the word it could be seen as a power conferred on the European Commission by the Treaties to propose drafts and to adopt EU legal acts implementing legally binding Union acts. However, the exercise of the rule-making power may...
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Judicial self-restraint in the judicature of the Constitutional Court of the Czech Republic
Skořepa, Petr ; Kindlová, Miluše (advisor) ; Suchánek, Radovan (referee)
Judicial self-restraint in the judicature of the Constitutional Court of the Czech Republic Abstract The thesis deals with the role of the judicial self-restraint in the judicature of the Constitutional Court of the Czech Republic. Besides the theoretical definitions is the pivotal part of the thesis practical section that is focused on the analysis of pre-selected decisions of the Constitutional Court with respect to the judicial self-restraint. The first chapter contains definition of the theory of separation of powers as basis for the judicial self-restraint and its subcategories. Part of this chapter is oriented at the judicial power itself, which is crucial for the thesis. The second chapter provides definitions of key concepts - principal of judicial self-restraint, priority of the constitutionally conformal interpretation, political question doctrine and judicial activism, as it is called. These concepts are defined from the points of view of the angloamerican legal system as well as czech legal system. In the second chapter are also stated possible factors that may lead to the judicial activism and to the judiciary state, as it is called. The chapter afterwards describes the judicial interpretation and application of law in the context of the judicial self-restraint and provides relevant historical...
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Judicial Review of Executive Orders
Slezáková, Monika ; Kudrna, Jan (referee)
The topic of the diploma thesis is the judicial review of executive orders. The thesis begins with the first chapter dedicated to executive lawmaking with a focus on the separation of powers context. The second chapter then describes executive orders as legal acts, paying attention to the specifics of their binding force, usage and issuance procedure. The third chapter delves into the judicial review of these acts, first delineating the authority for review and specifics of jurisdiction, followed by analyzing the context of review of executive orders, ultimately formulating a guideline to follow when determining the validity of executive orders. The final chapter applies this guideline and all the foregoing information to chosen cases which are analyzed. Key Words: Executive orders, executive lawmaking, separation of powers, judicial review, authority, case or controversy doctrine
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Approach to the social contract theories of Hobbes, Locke and Rousseau
Petráková, Blanka ; Kysela, Jan (advisor) ; Havel, Tomáš (referee)
The diploma thesis is focused on social contract theories, as presented by the philosophers Thomas Hobbes, John Locke and Jean-Jacques Rousseau. My research is based on Leviathan by Thomas Hobbes, Second Treatise of Government by John Locke and Discourses and The Social Contract by Jean-Jacque Rousseau. In their respective theories, these authors present their opinions on how any state comes to life through entering into a social contract and how it should operate. The aim of my thesis is to look into their theories and using method of comparison to determine how they correspond with each other on the fundamental aspects of their ideas. These include the natural state, the act of entering into a social contract, the sovereign, sovereignty and the order of state establishment. The research suggests that although the authors agree on some points, in some cases they differ significantly. It also shows the significant influence of the environments and events experienced by the authors during their lives, on the formation of their thoughts and theories. At the very end of the thesis there is a reflection on the legitimacy of the Constitution of the Czech Republic and the contribution of the theories of appointed authors to today's society.
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Participation of the Executive and Legislative on War Powers After 9/11
Doskočil, Jan ; Hornát, Jan (advisor) ; Kozák, Kryštof (referee)
The subject of this thesis is a resolution titled "Authorization for Use of Military Force Against Terrorists" and its importance regarding the matter of war power of the President of the United States. This resolution was proposed by the President George W. Bush immediately after the terrorist attacks of 9/11, and Congress passed it with haste. It vested broad war powers in the President to the war on terrorism without the necessity of consulting Congress. This thesis' aim is to evaluate the importance of this resolution in the ever-evolving discussion about the participation of the executive and legislative branches on war powers. The thesis also analyzes the legality and legitimacy of the resolution according to the Constitution and the Founding Fathers' intentions while creating it. This thesis addresses these issues through analyzing diverse interpretations of the Constitution, statements made by the Framers of the Constitution, and through examination of the development of war powers in the second half of the 20th century.
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Judicial activism
Pumr, Jaromír ; Tryzna, Jan (advisor) ; Wintr, Jan (referee)
Judicial activism Abstract This thesis tries to complexly grasp the phenomenon of judicial activism. The key role for it and its analysis of judicial activism is the theory of separation of powers in the state, without its comprehension it is hardly possible to correctly assess. The first chapter thus focuses on the theoretical concept of separation of powers, its evolution and current standing. Takes a critical stand with present thinkers and suggests rethinking its approach to stress the theory's purpose instead. The second chapter analyses judiciary and judicial system from the functional and institutional approach. Offers its classical definitions yet describes many authors who criticize the affinity of judicial power's activity to the one of state administration. It tries to rebut those opinions with arguments of specific expertise of judges and of its legitimacy. In the third chapter the focus is on the judicial activism. It identifies large dispersion of its definitions therefore uses meta-analysis of Keenan Kmiec for its definition. Firstly, discusses the major change of judicial power in society during the last century and for this reason addresses those most important changes: hypertrophy of law and human rights, and shift of the main interpretational paradigms to natural law emphasis....
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