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The Expertise of Political Parties on the Example of Presidental Elections in the Czech Republic
Formáčková, Monika ; Novotný, Vilém (advisor) ; Linek, Lukáš (referee)
The Diploma Thesis is based on the Case study of the direct election of the President of the Czech Republic. Due to this Case study it examines expertise of the Czech political parties. Is there any expertise in political parties represented in the Parliament of the Czech Republic? Why analytical capacities have (or not have) influence on policy decisions? In theoretical concept including democracy, policy work, expert capacities, elections etc. the Thesis examines the relationship between the expertise of political parties and enactment of the direct presidential elections.
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The President of the Republic as part of the Executive Branch
Vosáhlo, Jakub ; Janstová, Kateřina (advisor) ; Antoš, Marek (referee)
This dissertation analyzes the institution of president of republic. It describes specifics of this institution, located between "chief of state" and executive body. Then the dissertation studies his relationship to executive power. It covers analysis of presidential constitutional powers, but also other aspects, influencing presidential position and power in constitutional system. Necessary part of this analysis is study of constitutional position of president. This study comes from parliamentary character of constitutional system and presidential powers in this system. It also includes comparison of chosen parliamentary systems. Then the dissertation analyzes specific phenomenon of Czech president. In this country president traditionally has weak constitutional power, but in contrast he disposes with strong authority in public, and this authority gives him big informal influence in political relationships. It can empower his position very well. Dissertation analyzes historical sources of this phenomenon, development of constitutional power of president and also traditions and constitutional use in praxis. It takes a thing about the role of all presidents in all [very diverse] regimes during Czechoslovak and Czech statehood. Development of presidential tradition after assumption of actual constitution is...
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CRISIS OF PARTY SYSTEMS AND CARETAKER GOVERMENTS: Czech Republic and Italy
Seidel, Antonín ; Buben, Radek (advisor) ; Znoj, Milan (referee)
Since 1990s of the twentieth century to the present, the so called caretaker governments have served as a political crisis solution in the Czech Republic as well as in Italy. Caretaker government is an institute of temporary cabinets with a non-partisan prime minister. Other members of this type of government are usually non-partisan as well (but not necessarily all of them). This is the main feature that distinguishes the caretaker government from the traditional government led by political parties. The thesis aims to identify common points and circumstances leading to the establishment of caretaker governments on the example of two relatively close parliamentary republics from the institutional design's point of view. It focuses mainly on the status of political parties as it is their failure that leads to the fall of the previous cabinet and to the situation when it is impossible to form a parliamentary majority in order to establish new government led by political parties. Special attention is also paid to a role of the president of the republic. Face to face with weakened political parties, he executes his powers in a more autonomous way in accordance with a presidential accordion theory described by Mauro Tebaldi, especially his powers to appoint the prime minister which fundamentally works...
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The Constitutional Institute of Pardon and Amnesty
Bednář, Marcel ; Janstová, Kateřina (advisor) ; Kudrna, Jan (referee)
The Constitutional Institute of Pardon and Amnesty The diploma thesis called The Constitutional Institute of Pardon and Amnesty is dealing with highly relevant issues often discussed at the political scene of the Czech Republic. It reflects the current debate on whether the institutes should remain in the legal system of the Czech Republic. The main thesis was chosen accordingly - on the contrary to arguments pleading for removing the institutes. The diploma thesis explains the main terms and theoretical divisions, as well as various forms of the institutes of pardon and amnesty. One of the chapters is devoted to the meaning of the institutes which may play a significant role when considering legitimacy of pardons and amnesties. Current domestic legislation regarding the institutes is described with regard to consequences of international law. The process of presidential pardon granting is elaborated in detail. Critical moments of the process are emphasised and different approaches of the three presidents of the Czech Republic are compared. The chapter concerning amnesty is constructed similarly. Critical moments of the institutes of pardon and amnesty are discussed thoroughly. The focus is aimed to problems such as responsibility, overusing or misusing of the institutes or clash with the...
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The Transformation of an Independent Foreign Policy: The Fench Foreign Policy in the Persian Gulf Wars in the years 1990 - 91 and 2003
Filipová, Hana ; Perottino, Michel (advisor) ; Tomalová, Eliška (referee)
Diploma thesis deals with the analysis of the de Gaulle's foreign policy, concretely the belief of François Mitterrand and Jacques Chirac in a specific position of France in the world. This deep belief of both presidents in a leading role of France within the international scene is evident on the case of the two wars in the Persian Golf in 1990-91 and 2003 and explains very similar behaviour of two otherwise different presidents and very similar development of both conflicts. At the same time this thesis deals with the transformation of an independent foreign policy, which was established and supported, in connection with the belief in privilege position of France in the world, by the founder of the Fifth republic - general Charles de Gaulle. The tendency to conduct an independent French foreign policy shared both François Mitterrand and Jacques Chirac. However with coming of geopolitical earthquake in the years 1989-1991, when the bipolar world disappeared and the then international order has changed, suddenly France lost its space for conduct of its independent policy. This new situation was confirmed by the first war in Gulf during which François Mitterrand did not manage to enforce his own independent policy and finally France became a part of anti- iraqian coalition headed by the USA. The...
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Pardon in constitutional law
Stejskal, Jakub ; Kysela, Jan (advisor) ; Hřebejk, Jiří (referee)
Pardons in constitutional law Abstract This thesis is focusing on the constitutional institute of pardon both in its individual and collective form. The highest attention is paid to the legal framework of the Czech Republic. The thesis is divided into five sections. The first one deals with the theoretical term of mercy and its origin. In this section are also described four forms of pardon, namely suspension of a criminal proceedings, mitigation and pardoning of a sentence, remission of its legal consequences and amnesty as a pardon granted collectively. In this section are also outlined legal provisions of chosen states. Arguments in favour of a future existence of pardon as well as arguments against are also introduced. The second part elaborates a development of constitutional pardon in the Czech legal history starting from the first constitution declared in 1848 to the separation of the Czech and Slovak Federative Republic. Besides of historical constitutions, provisions of ordinary statutes are also mentioned as well as examples of granted pardons which performed an important historical role. The third part focuses on current legal provisions in the Czech Republic and the distinction between the article 62 and 63 of the Constitution. Besides, the relation between constitutional provisions and other...
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CRISIS OF PARTY SYSTEMS AND CARETAKER GOVERMENTS: Czech Republic and Italy
Seidel, Antonín ; Buben, Radek (advisor) ; Znoj, Milan (referee)
Since 1990s of the twentieth century to the present, the so called caretaker governments have served as a political crisis solution in the Czech Republic as well as in Italy. Caretaker government is an institute of temporary cabinets with a non-partisan prime minister. Other members of this type of government are usually non-partisan as well (but not necessarily all of them). This is the main feature that distinguishes the caretaker government from the traditional government led by political parties. The thesis aims to identify common points and circumstances leading to the establishment of caretaker governments on the example of two relatively close parliamentary republics from the institutional design's point of view. It focuses mainly on the status of political parties as it is their failure that leads to the fall of the previous cabinet and to the situation when it is impossible to form a parliamentary majority in order to establish new government led by political parties. Special attention is also paid to a role of the president of the republic. Face to face with weakened political parties, he executes his powers in a more autonomous way in accordance with a presidential accordion theory described by Mauro Tebaldi, especially his powers to appoint the prime minister which fundamentally works...
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The Constitutional Institute of Pardon and Amnesty
Bednář, Marcel ; Janstová, Kateřina (advisor) ; Kudrna, Jan (referee)
The Constitutional Institute of Pardon and Amnesty The diploma thesis called The Constitutional Institute of Pardon and Amnesty is dealing with highly relevant issues often discussed at the political scene of the Czech Republic. It reflects the current debate on whether the institutes should remain in the legal system of the Czech Republic. The main thesis was chosen accordingly - on the contrary to arguments pleading for removing the institutes. The diploma thesis explains the main terms and theoretical divisions, as well as various forms of the institutes of pardon and amnesty. One of the chapters is devoted to the meaning of the institutes which may play a significant role when considering legitimacy of pardons and amnesties. Current domestic legislation regarding the institutes is described with regard to consequences of international law. The process of presidential pardon granting is elaborated in detail. Critical moments of the process are emphasised and different approaches of the three presidents of the Czech Republic are compared. The chapter concerning amnesty is constructed similarly. Critical moments of the institutes of pardon and amnesty are discussed thoroughly. The focus is aimed to problems such as responsibility, overusing or misusing of the institutes or clash with the...
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Institutes of pardon and amnesty and their fulfilment in decisions of presidents of the Czech Republic.
Hrušková, Šárka ; Janstová, Kateřina (advisor) ; Hřebejk, Jiří (referee)
The present work deals with the institutes of a pardon and amnesty and their utilization in the Czech Republic. It focuses on the current domestic legislation and its application by the particular decisions of the presidents of the republic. The author points out the advantages and disadvantages of the current legal regulation. The aim of the work is to provide a summary of the issues and to suggest eventual alterations of the current legislation. The work is, apart from the introduction and the conclusion, composed of five chapters. The first one introduces into the subject of the work and characterises the institute of a pardon and amnesty and their three forms, i.e. a pardon and a mitigation of penalties imposed by the court, a suspension of criminal proceedings and a deletion of a sentence. The second chapter deals with the regulation of the institutes. First, it presents history of this regulation and afterwards it analyses current legal regulations contained in the Constitution of the Czech Republic and others laws. The third chapter concerns just the institutes of a pardon. It focuses primarily on the presidential orders delegating a part of his power to Minister of Justice and also on the proceeding of a grand pardon. At the end of the chapter, there is the utilization rate of the pardon institute...
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The Expertise of Political Parties on the Example of Presidental Elections in the Czech Republic
Formáčková, Monika ; Novotný, Vilém (advisor) ; Linek, Lukáš (referee)
The Diploma Thesis is based on the Case study of the direct election of the President of the Czech Republic. Due to this Case study it examines expertise of the Czech political parties. Is there any expertise in political parties represented in the Parliament of the Czech Republic? Why analytical capacities have (or not have) influence on policy decisions? In theoretical concept including democracy, policy work, expert capacities, elections etc. the Thesis examines the relationship between the expertise of political parties and enactment of the direct presidential elections.
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