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Limits of demokracy
Zaripov, Sergey ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
Resume In the first part of the graduation thesis Limits of Democracy qualifies the term of democ- racy, the return to democracy sources, especially to the archaic Greece, where democracy began and then developed thanks to the philosophers were like Socrates, Plato or Aristotle. At that time, democracy had strong competition and was created various ideologies and forms of government. Democracy was not made at that time and was standing in the shad- ows of history. In the next part of the graduation thesis author deals with return of democratic thinking in the French Revolution, their thinkers were like Charles Louis de Secondat, baron de La Brède et de Montesquieu and Jean-Jeacques Rousseau who became the inspiration for a revolutionary campaign. In France after the revolution started to emerge riots, wars with neighbors and followed terror. In this part of the graduation thesis author defines the term totalitarian democracy and points to the "democratic" process in 2011 during the Arab Spring. Then the author focuses on today's modern democracy and analyzes the United States as a state, as a bearer of democracy. State that this ideology spreads and becomes uncompro- misingly authority that considers what is democratic and what is not. In this part of thesis is reminded the origin of USA and related issues...
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The Concept of Sovereignty of the People and the Political Party System in the First Czechoslovak Republic (1918-1938) and in the Czech Republic since 1993
Havel, Tomáš ; Kysela, Jan (advisor) ; Pithart, Petr (referee) ; Holländer, Pavol (referee)
The idea of sovereignty of the people offers a concept which allows searching for legitimacy of power. The legitimacy of power is one of the key structures establishing a relation between those who govern and those who are governed. Whether this relation is accepted, acceptable, functional, desirable or undesirable is a matter of finding the very definition of sovereignty of the people as such. The aim of this doctoral thesis, titled The Concept of Sovereignty of the People and the Political Party System in the First Czechoslovak Republic (1918 - 1938) and in the Czech Republic since 1993, is, firstly, to define the concepts of the people, on one hand, and sovereignty, on the other hand, in the historical, political and legal context from the ancient times up to now while reflecting the role of political parties in relation to the sovereignty of the people. Secondly, this thesis aims at exploring and describing the functioning of the party systems in the interwar Czechoslovakia and in the Czech Republic after 1993. Thirdly, this thesis seeks to answer the following questions: who represents the people in liberal democracies which are based on sovereignty of the people; how do the people exercise their power; and what is the role of the political parties in this process.
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Authority and conformism; social psychology of Nacism
Dvořáková, Denisa ; Kosek, Jan (advisor) ; Pithart, Petr (referee)
Authority and conformism; social psychology of Nazism This thesis attends to Nazism from the perspective of social psychology. Its aim is to analyze Nazism by using chosen theoretical concepts of social psychology, namely authority and conformism. The work begins with the presentation of the concept of totalitarianism, when in the first instance the term totalitarianism is generally defined and then the great part of this chapter deals with the concept of totalitarianism in Hannah Arendt's conception. At the end of this chapter there are mentioned some limits of Hannah Arendt's conception. The ideology of Nazism is the content of the next chapter. There are terms ideology and Nazism defined and subsequently there is the goal and basic characterization of Nazi ideology given. The third chapter deals with the authority and the conformism as social psychological phenomena. The first part of this chapter defines conformism, lists the possible resolution of its causes and basic typology of its consequences. Furthermore, there are presented the most important classical studies in the field of the scientific study of conformism carried out by laboratory exepriments and briefly outlined the problems of disposal and situational approach. Next a brief treatise on modern individualism as a possible aspect of...
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Semi-presidential systems
Drápelová, Hana ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
This thesis deals with the topic of semi-presidential systems. As the title suggests, semi-presidential modes oscillate somewhere on the border between parliamentarism and presidentialism. Considering the fact that even the scholars have no consensus how to define this term, the whole study is conceived as a comparison of the opinions of prominent Czech as well as international constitutional lawyers and political scientists. Nowadays the necessity to define the semi-presidential model clearly becomes important because there has been a lengthy discussion after implementation of new constitutional phenomenon in the Czech Republic (the direct election of the head of the state) about how it affected the constitutional system of the state. Both the public and many prominent experts have the opinion that it is the direct presidential election that has changed the constitutional system of the Czech Republic from a purely parliamentary model to a semi- presidential model or at least, it significantly leads to it. The objectives of this study are modest. Since the number of mutually different definitions of this system from the perspective of many constitutional lawyers and political scientists is really large, it was impossible to cover such a broad topic completely, therefore this work is devoted to the...
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How the Constitution of the CR was formed: political contexts, persons, influences.
Fuksová, Veronika ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
This thesis deals with topic of creation of the Constitution of the Czech Republic. The main aim of the thesis was to map all relevant circumstances that led to approval of the final form of the document in December 1992. The thesis is divided into chapters that deal successively with historical circumstances, sources of inspiration, various actors involved in the creation of the Constitution of the Czech Republic, the sequence of negotiations and finally with critical issues that provoked widespread debate. The question was how the Constitution was influenced by previous proposals and other sources. The finding that these effects were substantial and that actors of creation of the Constitution explicitly invoked them is partial result of the work. Another question was how the text of the Constitution itself was affected by specific political influences. Based on an analysis of various historical documents, it appears that an attempt to influence the constitution-making process by the government coalition was strong, however, in the result there were compromises in the framework of fundamental issues accepted because there was need to adopt the Constitution in the Czech National Council in December 1992, which was eventually successful.
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Presidential systems
Niklová, Dominika ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
The topic of my study is presidential system. I have chosen this topic because I am interested in situation of Latin America countries. These countries have decided to follow establishment of The United States. Many authors affirm that presidentialism is occasion of instability in these countries. The thesis is composed of ten chapters, which are divided into subsection or other parts. At the beginning I introduce political systems in our society. And I chose one of them, presidential system, to analyze in details. Chapter Two is about history of creation Constitution of The United States. This part of history is important because this Constitution is model for countries, which have decided for presidentialism. In this stage I explain the term presidential system and its particular signs. Without knowledge about it we don't understand how this system function. And we can't confront it with other political systems. Chapter Three describes presidentialism and its different forms. In my work I describe presidentialism in Latin America and in The United States. In Europe, there are many countries, which after year 1991 have decided for presidentionalism. But there always are relics of communism. There absent elements of democracy. In some of this countries govern strong presidents and we mark them like...
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The sovereignty of Parliament: its substance, development and consequences for the judicial review of rule-making
Píša, Radek ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
My thesis deals with the legal concept of sovereign Parliament, the very keystone of British constitution according to A. V. Dicey. This model has been challenged both normatively and descriptively. Concerning the normative point of view, concept of unlimited sovereignty is incoherent. Descriptively, courts don't simply take the parliamentary supremacy for granted, even if they say so. Relationship between the Parliament and courts is certainly more complex than Dicey suggested. Goals of this thesis are rather tentative. Since the popularity of this topic among British constitutional lawyers, comprehensive analysis is implausible due to the limited space. This paper aims to gather fundamental theories and disputes regarding the parliamentary sovereignty and its relationship with courts. In other words, it explores connection between the Parliament and courts in contemporary British constitution. First chapter analyses the constitutional conventions, which forms the basics of several other fundamental concepts in UK constitution. It suggests that there are no clear boundaries between law and conventions. Second chapter focuses on the general concept of sovereignty and Diceyan classic theory of Parliamentary sovereignty. There is also a brief explanation of sovereignty's connection to Scot's law....
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Spanish Model of Asymmetric Regionalism: An Analysis
Bernas, Vlastimil ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
Diplomová práce Analýza španělského modelu asymetrického regionalismu ~ 1 ~ Summary The masterʼs degree thesis "Spanish Model of Asymmetric Regionalism: An Analysis" deals with the concept of political-administrative division of a state, which has been typical of the Kingdom of Spain. The masterʼs degree thesis aims to profoundly analyze all the substantial aspects of this unique type of inner arrangement of a state, namely in broader (above all in legal, in historical and in political) relations. When elaborating on the topic I drew on Czech and English monographic literature (this applies both to the theoretical and to the historical part of the thesis) and on topical wordings of Spanish legal regulations; I also made use of various sources, as e.g. of professional articles online, of relevant judicial decisions, or of notes I made in Spain at lectures on Spanish constitutional law. The thesis consists of three chapters which are further divided into subchapters. In the initial theoretical chapter attention is paid to the typology of states according to their inner arrangement. The concepts such as confederation, federation, unitary state or regional state are explained here. The second chapter provides the overview of historical development of Spain (or, more exactly, of Iberian Peninsula) from the first...
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The democratic deficit of the European Union : the European Parliament in the EU legislative process - as compared with the position of the Bundestag
Šmůla, Petr ; Ondřejková, Jana (advisor) ; Pithart, Petr (referee)
The democratic deficit of the European Union The European Parliament in the legislative process of the European Union - in comparison with the position of the Bundestag This thesis examines the democratic deficit of the European Union based on the comparison of the position of the European Parliament in the legislative process of the European Union and the Bundestag in German legislative process. I chose the comparison with the Bundestag because out of all the Member States, the German political system and its legislative process resembles the one of the European Union the most. The purpose of this thesis is to determine whether and to what extent, taking into consideration the strengthening of the European Parliament in recent years, we can still discuss the democratic deficit of the European Union, when the European Union citizens and their elected representatives were excluded from effective participation in the adoption of legislative acts. The thesis is divided into three parts. The first part deals with the context of the democratic deficit of the European Union within the role of the European Parliament according to a number of leading authors on the issue of European integration. The second part is devoted to the legislative process in Germany, focusing on the position and role of the Bundestag in...
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Parliamentary systems
Brablecová, Martina ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
The topic of my thesis are parliamentary systems. For this topic I have decided mainly on the grounds that the Czech Republic ranks among countries with a parliamentary form of government, like most of European countries. The work is divided into seven chapters, which are subsequently divided into different subsections or other parts. At the beginning of my work I have engaged in the general concept of political systems. The view of this chapter is mainly to introduce readers to the topic and to acquaint them with the basic types of democratic political systems, which includes particular the parliamentary, presidential and semi-presidential systems. The second chapter is engaged in parliamentary systems and their basic definitions. This chapter contains the theoretical foundation for the whole work and especially introduces readers with the basic principles upon which these systems work. Among these principles is included especially the principle separation of powers which is not too strictly interpreted, the sovereignty of Parliament and the specific relationships between the executive and legislature. In the third chapter I have dealt with the relationships between the supreme constitutional organs, as well as their position in the constitutional system. This issue is very important, just as relations...
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