|
|
The position of the Supreme Court in the American political system and the significance of its decision-making for the political procedure in the USA.
Zástěra, Martin ; Pithart, Petr (advisor) ; Kysela, Jan (referee)
The thesis "Role of the U.S. Supreme Court in American system of government and the importance of Court's decisions for the political process in the United States of America" deals with the institutional role U.S. Supreme Court has in American system of government and puts emphasis on Court's decisions and their practical consequences on the politics in the United States. In history of the country the Court was an influential decision-making body on many occasions. Although shortly after the federation was established many intended to put the Court in position where weak powers given to it would not enable the institution to fully play its role of the guardian that keeps an eye on the constitutionality of adopted laws, at the beginning of the 19th century the Court found its place and became exactly what it was originally intended to be. Decision in Marbury v. Madison gained the Court the crucial power of judicial review. The power of judicial review completely changed the role of the institution that finally became the guardian of the Constitution. This thesis outlines the institutional position of the judicial branch and especially the position of the Supreme Court in American system of government. It also focuses on the political aspects of the nomination process of Supreme Court Justices and...
|
|
|
Presumption of illegitimacy of the state power
Gregárek, Matěj ; Kysela, Jan (advisor) ; Maršálek, Pavel (referee)
The thesis challenges the established "myth of easy legitimacy" and argues for more cautious attitude toward involuntary social arrangements by shifting the burden of proof in favour of the rigorous individual rights. Any State action shall be held for impermissible unless it is shown to be unavoidable - beyond reasonable doubts. With the assumption of existence of individual rights as a starting point, the thesis inquires into the attempts to derive State's legitimacy from individual rights. Finding this task virtually impossible, it comes to the conclusion that the only way how to legitimize the State is to compromise the individual rights somehow. Yet, to maintain some meaning of the rights, this compromise need to be restricted in scope, so the thesis analyses further the meaningfulness of "necessary and proper" provisos and the notion of "ideology" as a factor driving collective action and as the ultimate check of the State's power.
|
|
| |
|
|
The Cispadane Boi and the problem of the origin of the oppida in the Central Europe
Kysela, Jan ; Bouzek, Jan (referee) ; Salač, Vladimír (advisor)
This thesis is the question of origin zaalpských2 late laténských oppida or one more argument, developed in response to this question. This theory, situated oppida central source of inspiration in northern Italy in populated Celtic Fighting strain found among Czech researchers a response: become an essential building block model that was developed for the creation oppida in Bohemia and who can despite some objections that have been vysloveny3 against him with some exaggeration, the official Czech position on the issue of Archaeology. I do not share the thought template on the basis of this theory was developed, and yet (and thus more likely) I find it interesting look again free from the interpetaačního key to verify its individual components and arguments, ask how much evidence they are on their own, how much of each other package and how it is supporting as a whole.
|
|
|
Electoral System Effects on Political Representation in the Senate of the Parliament of the Czech Republic in the First Two Cycles of Senate Elections
Lacina, Tomáš ; Lebeda, Tomáš (advisor) ; Kysela, Jan (referee)
Elections to the upper chamber of the Parliament of the Czech Republic is the only case of using a majoritarian electoral system in the country. The type of the electoral system used is a majority run-off system. The thesis aims to analyze effects of such electoral system on political representation in the Senate in the first two cycles of senate elections. That is the period from the very first senate elections in 1996 to the elections of 2002, when the Senate was gradually renewed for the first time. After a theoretical introduction concerning tworound systems in general and their impacts on voting behaviour and party systems, the main focus is put on electoral turnout criterion as well as on electoral support of particular political parties and expression of this support in overall party gains. Powered by TCPDF (www.tcpdf.org)
|
|
|
Differences in voting in the Parliament of the Czech Republic: senators and their relation to political parties
Kačena, Lukáš ; Lebeda, Tomáš (advisor) ; Kysela, Jan (referee)
Author's thesis is concerned with differences between voting of parliamentary party groups within both chambers of Czech Parliament, Chamber of Deputies and Senate. It primarily focuses on senators and their relation to their respective parties. Author articulates three main hypothesis which he is trying to verify. Firstly, he anticipates senators to be less bounded to their parties than deputies. Secondly, he suggests that parliamentary party groups in both chambers become more united when it comes to more important voting. Lastly, the author considers the number of seats of parties in government in the Senate has no influence on either stability or legislative initiatives of the government. The theoretical part briefly describes Parliament of the Czech Republic, its composition, the role of the chambers and the legislative process. It also introduces outcomes of research made by Sociological Institute of Academy of Science of the Czech Republic in Parliament aimed at examining the role of deputies and senators from their own perspective. Also, the study "The Importance of Concurrence: The Impact of Bicameralism on Government Formation and Duration" by James N. Druckman and Michael F. Thies is presented. The analytical part extrapolates the main outcomes of analysis made and brings answers related to the...
|
|
|
Freedom of speech and its theoretical aspects in case law (the US Supreme Court, European Court of Human Rights, the Constitutional Court and the Supreme Administrative Court
Holubová, Eliška ; Kysela, Jan (referee) ; Kühn, Zdeněk (advisor)
FREEDOM OF EXPRESSION AND ITS THEORETICAL ASPECTS IN CASE LAW (of the Supreme Court of the United States, the European Court of Human Rights, the Constitutional Court and the Supreme Administrative Court) ABSTRACT: The diploma thesis titled " Freedom of expression and its theoretical aspects in case law" is focused on the analysis of the editorial cartoon on the comparative field of court decisions. The thesis is composed of chapters, each of them dealing with different aspects of freedom of expression. The general part (chapters II-IV) of the thesis deals with the theoretical view on the concept of freedom of expression, its historical and philosophical sources, as well as legal and judicial limits. Last but not least, it also explores the concept and functions of editorial cartoon as a satirical genre. If we take closer look, Chapter II looks at the freedom of expression from theoretical point of view providing historical and philosophical context, whereas Chapter III focuses on free speech limits in legal framework and case law. Chapter IV invites to basic journalistic background of editorial cartoon describing history, importance and principles of drawing satirical pictures. The special part of the thesis (chapters V-VIII) examines Czech, European and American judgments. A key objective is to analyze...
|
|
|
The principle of primacy of European law and the legal order of the Czech Republic
Ondřejková, Jana ; Kysela, Jan (advisor) ; Tryzna, Jan (referee)
105 Summary - shrnutí v anglickém jazyce; klíčová slova The presented thesis challenges the simple reading of the principle of primacy of European law as a "rule of primacy in application". Both the analysis of the early decisions of the Court of Justice of the European Communities (ECJ) on the primacy of Community law (Van Gend en Loos, Costa, Internationale Handelsgesellschaft, Simmenthal) and the short insight to the political and legal development of the European integration indicate, that the differences among scholars in theorising about the meaning and the scope of application of the principle of primacy are significantly based on their pre-understanding of the relationship between the European and national legal system. Therefore, the scope of application of this principle is assessed according to the subsequent decisions of the ECJ. The special regard was given to the possible exceptions based on EC/EU Treaties and/or recognized by the ECJ. The most common readings of the principle of primacy - the rule of interpretation, the collision rule, the derogation rule, the legal principle and the essential quality of European law - were studied in order to establish which of them correlates the best with the results of the decisions of the ECJ on the scope of application and exceptions to this principle....
|
|
|
Rousseau's legal and social philosophy
Chválek, Jan ; Kysela, Jan (advisor) ; Maršálek, Pavel (referee)
I have presented this work which, I admit, has not one integrated aim, but tries to handle it comprehensively with more questions. The reason why I have chosen theoretical or philosophical law work was that I have been interested for a long time in common questions rather than particular details and more, that I have got an opportunity to study the topic which affects philosophical questions, which has also been my long-time interest. The reason why I have chosen Rousseau, is mainly that, he was the principal author who mediated the most important ideological turning point between the so - called ancien regime and new citizen society. The reason why I was concerned with, mainly, the piece about the social contract was above all, that there are ideas meeting philosophy and law and, most of all, matches for analysis of the work designed for a law faculty. Appropriately, I have also added conclusions from other of his works. I'm trying to connect law and philosophy questions, in two places, which, in my opinion unfortunately, cannot be done. It's a question of technical development and more of art or, more widely, of the cultural aspect of a society. The basic aspiration of the work is to introduce Rousseau's conception of the Social contract, but also to show , that it is not possible to execute it to a...
|
|
|
Return to ontologic understanding of natural law
Kvapil, Lukáš ; Kysela, Jan (referee) ; Wintr, Jan (advisor)
Jde též o tuto společnost. Jestliže nebojuje za své členy, kteří za ni bojují, je k ničemu. Pokud zná svou hodnotu, v zájmu jejího přetrvání obětuje jednotlivce, kteří ji ohrožují. Tak tomu bylo vždy ve všech společnostech, které chtěly přetrvat. Jde jen o to, že například za komunismu režim likvidoval ty, kteří společnost ani její členy neohrožovali a chtěli naopak její zlepšení. Vládnoucí elita však nesnesla kritiku a tak odstranila její nositele. Zaměnila však zásadním způsobem hodnoty. 6. Závěr a poděkování Mým tématem byl návrat k ontologickému pojetí přirozeného práva. K čemu jsem se ale vlastně vracel? Z vědců se k němu hlásili převážně filosofové, jejichž pojetí bylo výrazně užší, než jak jsem ho vypracoval já. Nevracel jsem se ale primárně k pojetí jednoho autora, ale k pojetí ideálnímu. Protože to však není rozpracováno ve větší míře, alespoň jak by bylo žádoucí, byl můj návrat spíše jen prvním pokusem o důkladnější prozkoumání přirozeného práva z ontologického pohledu, hlavně co se materie týče. Omezil jsem se z toho důvodu na otázky palčivé a sporné. Pozitivní vymezení, oproti negativnímu, je navíc opravdu náročné.165 Dávám proto ke zvážení, že jsem do jisté míry musel prezentovat a obhajovat vlastní názory, které nejsou ani současnou vědou definitivně objasněny a uzavřeny, často dokonce sporné....
|
guest ::
RSS feed.