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Transitions to democracy
Šperková, Kateřina ; Pithart, Petr (advisor) ; Kysela, Jan (referee)
of the Diploma Paper ,, Transitions to Democracy " Transition of a particular country from an undemocratic political regime to mostly that of democratic is a head subject regarded by many experts and general public. It may seem that democratic regime is a matter of course nowadays; however, the truth is unlike. The democratic regime dominates scarcely in the half of all countries in the world. Regarding to the situation in northern Africa and other Arabic countries, it has recently been more and more proved that changes of political regimes, especially from the undemocratic to the democratic ones, are taken as a current subject matter not only today, but also in the following days, weeks, months and years. This is why I am focusing on the theme of Transitions to Democracy in my diploma thesis. The thesis is divided into four chapters. First chapter, named Democracy, deals with the conception of democracy. One cannot define the word "democracy" by just one feature, therefore, criteria of volition and division of democracy into the constitutional liberalism and illiberal democracy by Fareed Zakaria is fundamental in my work. Second chapter is focused on the undemocratic regimes. Definitions of these regimes are important mainly for understanding why they had been transferred or why they are to be...
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The electroral system for the Chamber of Deputies of Czech Republic: genesis, evolution and its future direction
Peškar, Michal ; Kysela, Jan (advisor) ; Antoš, Marek (referee)
This final thesis deals with electoral system to the Chamber of Deputies of the Parliament of the Czech Republic. Its genesis, evolution and future are presented in 3 chapters and in the Conclusion. Work is designed as a case-study and it employs two methods - from general to particular, and from earlier to later. These methods are used in whole work as well as in particular chapters and subchapters. The first chapter introduces readers to the issue of electoral system in general. There are described two main voting systems - proportional and majority vote. Stress is put to the proportional system which has used for elections to the Chamber of Deputies. Also the question "which electoral system is the best" is mentioned. Following chapter surveys history of the electoral system and evolution from its establishment to the present. Main part of this chapter deals with a reform introduced in the year 2000 which was declared by the Constitutional Court as unconstitutional. New law, instead of blank spaces after the decision of the Constitutional Court, was adopted in the year 2002 and since that it has been valid till the present. The third chapter presents proposals of electoral reform from the year 2008 prepared by a group of experts on the basis of political assignment of contemporary Government....
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System of proportional representation in the Czech Republic and its critique
Bartůněk, Tomáš ; Kysela, Jan (advisor) ; Antoš, Marek (referee)
System of proportional representation in the Czech Republic and its critique Abstract The diploma thesis "System of proportional representation in the Czech Republic and its critique" deals with the proportional representation in the Czech Republic, particularly its most criticized aspects. The purpose of this paper is to analyse this system, its characteristics, forms and reforms under the Czech conditions. The first chapter defines proportional representation and describes its constituent elements - a legal threshold, electoral formulas (quotas and divisors), electoral districts and tiers and preference votes. Chapter Two is concerned with four specific forms of this system applied in the Czech Republic. It describes elections to the Chamber of Deputies, local elections, elections to the regional assemblies and European elections. The third chapter outlines the problems of Czech electoral reforms - specifically the big reform of elections to the Chamber of Deputies from 2000 and the case of Prague elections in 2010 which both had to be brought to the Constitutional Court. Chapter Four offers a critical look on proportional representation in the Czech Republic. It consists of five parts. The first part focuses on the confusing system of local elections. Part two deals with the legal threshold. The third...
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Material Tensions between Natural Law and Positive Law and Approaches to its Solution
Kříž, Jakub ; Holländer, Pavol (advisor) ; Kysela, Jan (referee) ; Večeřa, Miloš (referee)
1 Material Tensions between Natural Law and Positive Law and Approaches to its Solution Jakub Kříž Abstract The title of my dissertation - "Material Tensions between Natural Law and Positive Law and Approaches to its Solution" - refers to everlasting contrapositions of two different approaches to law: (i) natural law tradition which is concerned with a necessary continuity between law and the requirements of practical reasonableness and that describes law as "rational standard for conduct"1 and (ii) tradition of legal positivism, which understands law only as a social fact. Actually, in the world of jurisprudence, there is no single natural law theory on one side2 and unique legal positivism on the other side.3 It is 1 MURPHY, Mark C. Natural Law Jurisprudence. Legal Theory. 2003, No. 9, p. 244, MURPHY, Mark C. Natural Law Theory. In: GOLDING , Martin P., EDMUNSON, William A. (eds.). The Blackwell Guide to the Philosophy of Law and Legal Theory. s.l. : Blackwell Publishing, 2006, p. 15. 2 For many of them we can mention classical natural law theory of the thomistic philosophy, new natural law theory of G. Grisez and J. Finnes, legal realism of J. Hervada, "modern" natural law theories such as L. Fuller's concept of the Rule of Law and the inner morality of law or R. Dworkin's theory of the unique right...
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The European Court of Justice as a political actor
Vikarská, Zuzana ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
The ECJ as a Political Actor In both the US and in the EU, the judiciary is often accused of being political. This thesis does not attempt to compare and contrast the two grand judiciaries; they are too dissimilar to be compared in this context. It only deals with the judiciary of the EU, trying to analyse its presumably 'political' character: why is it that political and legal scholars label the Court as 'political' or 'activist'? This thesis seeks to investigate the validity of these accusations by proposing a synthesis of various political theories and a certain clarification of the terminology in the context of the European judiciary. Chapter 1 deals with the ECJ as an institution, discussing its functioning and its presumably constitutional character. Chapter 2 then focuses on the notions of 'politics' and 'political', firstly in terms of their definitions by various authors and consequently in terms of the various political theories of European integration. Chapter 3 then deals with the central question of the thesis: is the ECJ a political actor or not? The analysis in the third chapter is split into five dimensions: (1) the judges' motivations in adjudication, (2) the appointment of judges, (3) the subject-matter of the Court's adjudication, (4) the institutional balance within the Union,...
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Professional ethics of judges in the Czech Republic
Friedel, Tomáš ; Kysela, Jan (advisor) ; Kosek, Jan (referee)
The purpose of this Master degree thesis is to introduce reader the professional ethics issues of judges in the Czech Republic. The thesis is composed of four chapters. The inner system of thesis was designed in a way that guarantees that level of abstraction falls as the thesis progress continues. In chapter one, there are explained the most abstract terms connected with professional ethics in general as a morality, ethics and law. There is also recognizable attempt to find relationship between mentioned terms. Second chapter, as a whole, is devoted to idea of profession and professional ethics. Text is focused on possible modification of relationship between ethics and professional ethics and it also refers about differences between profession and occupation. Last but not least there are as examples of professional ethics mentioned two "non-judges" professional ethics. In chapter three is described a fact the most regulation of judges conduct in Czech Republic is set down in positive law mainly. In addition of that, in chapter three there is mentioned attempt of judges self regulation in issues of professional ethics, which was realized by independent Czech judge's organization Judges Union of Czech Republic. Scope of the last chapter is used for utilization of knowledge contained in antecedent chapters....
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Czechoslovakia during the Second World War: Influence of the Second World War on the political development of Czechoslovakia
Krejčí, Pavel ; Pithart, Petr (advisor) ; Kysela, Jan (referee)
Czechoslovakia during the Second World War - Influence of the Second World War on the political development of Czechoslovakia The years 1938-1945 determined the development that culminated in the communist coup d'état in February of 1948. At the same time, Czech society was undergoing a deep crisis that has been caused by bitter disappointment of the end of the First Republic and its internal political problems. The Great Depression, mass unemployment and the inability of government officials to deal with this situation satisfactorily led to dissatisfaction with the economic arrangement of the First Republic and became the subject of radical change. According to many, the First Republic political party system also had failed. Too many political parties, the need for coalition governments, selfish adherence to party interests instead of national interests, intrigues, were all given as reasons why democracy had not been able to confirm its primacy in the moments when it was most needed. Betrayal by the Western Allies, especially France (under the strong influence of Great Britain) and the relatively friendly behavior of the Soviet Union during the Munich crisis undermined foreign policy concepts, held in the interwar period. All these events had meant that almost no one wanted to return to pre-war...
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Direct presidential election: its implementation into Czech legal system - potential conseqencies
Matiášková, Lenka ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
The direct election of the president is political, politological and also constitutional-legal topic which has already accompanied for many years. It appears always in connection with the presidential elections, but also as a part of the parliamentary election campaign. February 2012 interrupted the regularity and direct presidential election was approved. What this step will have impact on functioning of the Czech political system, will turn up in 2013 when the authority will take the first Czech president elected in direct elections. But the majority of constitutional lawyers and political scientists agree that the introduction of direct elections in the Czech Republic is not solving the existing problems, and therefore they express fears how the chase will affect the functioning of the system as a whole. Keywords: direct presidential elections, powers, legitimacy, political system, presidential campaign
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Politics and legislation. Czech Parliamentary Culture 1993 - 2010
Wintr, Jan ; Znoj, Milan (advisor) ; Kysela, Jan (referee) ; Znoj, Milan (referee)
S u m m a r y The study is focused on the real activity of the Parliament of the Czech Republic since the establishment of the Czech Republic in the year 1993. Central idea of parliamentary culture describes rules, customs, manners a behavior, which are typical for a particular Parliament. Two ideal types are introduced by this study: regulated and improvised parliamentary culture. For the first one is typical the direction of parliamentary activity: agreements between parliamentary groups over the course of the session and the debate, a strong role of the Speaker or parliament presidium, an attractive debate with changing speakers for and against, a possibility of a interrupting questions (Zwischenfrage), but also a dominance of frontbenchers. Model cases are the House of Commons of the United Kingdom and the Bundestag. On the other hand an improvised parliamentary culture is more free and chaotic, the daily agenda is often result of a force vote and always can be changed, the order of speakers depends only on order of applications, it can not be voted for the end of debate, it is not allowed to interrupt the Speaker with questions and the factual possition of the Speaker is rather weak. All this is typical for the Chamber of Deputies of the Parliament of the Czech Republic. These considerations are the...
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Problems of legitimacy of the national and supranational political system in theory and practice
Belling, Vojtěch ; Kučera, Rudolf (advisor) ; Simíček, Vojtěch (referee) ; Kysela, Jan (referee)
The issue of legitimacy and sovereignty represents an increasingly important topic in scientific and political debates in the context of the ongoing multinational integration. There are essentially two basic theoretical approaches: the acceptance of the concept of legitimacy and sovereignty in the sense of derivability of all public authorities and the positive law from one abstract symbolic centre (its premise is differentiation, although not separation of state and society) or its refusal in the favour of plurality of power and "multi-level" system of political order which depends on this very pluralism. Although the proponents of pluralism try to posit the middle position between integration advocates and statist approach, their theory is in fact an extreme position, one which stands in clear contrast to traditional concepts of political theory, which counted on a particular fixed point in the standards and policies, and one which constitutes a basis for challenging the modern democratic constitutional system. In this work it is considered that the basic concepts of political theory, based on a certain constitutional order, themselves form and constitute the political and legal system. In this sense the constitution itself can be regarded as an attempt of enforceable constituting of political and social...
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