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Formation of the Constitution of the Czech Republic
Svoboda, Veronika ; Kysela, Jan (advisor) ; Filip, Jan (referee) ; Syllová, Jindřiška (referee)
Formation of the Constitution of the Czech Republic Abstract The thesis deals with the issue of formation of the Constitution of the Czech Republic. This process has not been sufficiently described yet, as the sources are limited and fragmented. Therefore, the aim of this work is to map the whole process of the formation of the Constitution following the interviews with important personalities of that time. The intention is to provide readers with an insight into this issue and to deal with some partial questions arising in connection with this process. One such issue is, for example, the question of the legality and legitimacy of the formation of the Constitution which raises the debate even with a considerable lag from its adoption, as well as some constitutional institutes which were discussed extensively during the process of formation of the Constitution and which were often results of compromises of the subjects involved in the process. It is precisely a compromise solution of a number of sub-questions that is typical for the formation of the Constitution, as well as the randomness and specificity that lined its formation. These include, for example, the entities involved in the process of the formation of the Constitution which included not only two official commissions but also some notable...
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Role of the Parliamentary Party Groups in the Constitutional system of the Czech Republic
Červinka, Lukáš Lev ; Syllová, Jindřiška (advisor) ; Kudrna, Jan (referee)
- 145 - Abstract Role of the Parliamentary Party Groups in the Constitutional system of the Czech Republic The ultimate goal of my work was to fill in the blank spaces on the map of the Constitutional system of the Czech Republic by thorough examination and detailed description of the role and the status of the parliamentary party groups (PPGs) in it. However, this thesis is not just a general introduction, but a complex study of the actors of such importance and influence that it keeps one wondering, why they had remained out of a scope of the mainstream scientific research in our country for so long. After the necessary theoretical introduction to the subject of the parliamentary party groups within the field of the legal and political sciences, I examined the existence of the PPGs within the Chamber of Deputies, their relationships, interdependence and interconnections with the political parties and finally their inner functioning in close detail. It was necessary to deal with a number of serious issues and answer several important questions during my research, most notably: the question of the nature of the parliamentary party groups, i.e. whether they are bodies of the Chamber of Deputies, bodies of the political parties or whether they even possess their own legal personality. It was necessary to deal...
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The Constitution of the People's Republic of China de iure and de facto
Hlavan, Tomáš ; Kindlová, Miluše (advisor) ; Syllová, Jindřiška (referee)
Résumé - anglický jazyk Název diplomové práce v anglickém jazyce: The Constitution of the People's Republic of China de iure and de facto This thesis deals with the issue of the Constitution of the People's Republic of China de iure and de facto. As presumed, the Chinese Constitution de iure does not meet all the requirements for effective constitution of the modern state and that between the Constitution of the PRC de iure and de facto exists a discrepancy relationship, the thesis aims to individually identify and analyze common constitutional and political elements which collectively create a real form of the Chinese Constitution de facto ("living" Constitution), upon which constitutional mechanisms of Chinese political life are based on. The work consists of three chapters, whereupon the work can be divided into two parts. The first part is the theoretical part, where the first chapter deals with defining the term of Constitution itself, whether from a purely normative point of view, as well as from other approaches, especially those from sociological and political science, which are crucial to properly understand the content of the Constitution de facto. Afterwards there is the categorization of various concepts of the Constitution, followed by the classification of different types of the Constiution....
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"New Development in Institution of Legal Immunity".
Břečková, Kateřina ; Syllová, Jindřiška (advisor) ; Kudrna, Jan (referee)
This thesis is focused on legal institute of immunity in Czech system of law. It deals especially with the legislative development in institute of immunity and contemporary legislation, but it is focused on judicial practice as well. The aim of this thesis is to present some controversial issues, which appears within the application of immunity and to analyse the judicial practice of the Czech courts. This thesis is composed of introduction, four chapters and conclusion. The first chapter is theoretical and tries to define the institute of immunity according to the legal theory. This chapter introduces the origin of the institute of immunity and its differentiation at the same time. The essential part of this thesis is the second chapter, which concerns with the parliamentary immunity, and is divided into five subchapters. The subchapter 2.1. deals with the legislative development of the parliamentary immunity and presents all the bills. The aim of these bills was to regulate, particularly to narrow the parliamentary immunity. In the subchapter 2.2. is analysed new concept of indemnity, specifically concept of recourse, vote, body of the Assembly of Deputies or Senate and speech, with regard to judicial practice of the Czech courts. The subchapter 2.3. provides the transgressional immunity of...
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Relationship senate and government
Nytra, Aleš ; Syllová, Jindřiška (advisor) ; Hřebejk, Jiří (referee)
This rigorous thesis devotes its attention to the relationship of the Senate and the Government. It describes the areas in which there is co-operation or a conflict, and outlines possible future adjustment of their mutual relations within the constitutional system. In this work it is suggested that even though the Senate does not have (as the Chamber of Deputies does) the opportunity to express confidence or no confidence in the Government, its relationship towards the Government is significant.
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Immunity of deputies and senators
Popelková, Eva ; Kudrna, Jan (advisor) ; Syllová, Jindřiška (referee)
The presented diploma thesis focuses on the parliamentary immunity of Deputies and Senators in the Czech Republic and consists of two not explicitly titled parts. The first one deals with the genesis of the concept of immunity; the historical course describes the origin of the concept that goes back to the 13th century. Immunity might have been described as protection given by an English monarch towards Representatives; it gradually changed in privileged status recognition of a newly emerging institution, nowadays called Parliament. This excursion back into the 800 year history is supposed to help us understand the basic idea that the immunity of deputies or senators serves as an instrument of protection of a legislative body, or rather the Parliament of the Czech Republic. As for the immunity of deputies (senators) in the Czech Republic, relevant chapters deal with the first attempts to create functional constitutions at the end of the 19th century when Bohemia was part of the Austrian empire. Significant space is dedicated to the 1920 Constitutional Act, which may be considered as a crucial document for today's concept of the immunity of deputies and senators in the Czech Republic. Finally, the first part includes also chapters dealing with later constitutions from 1948 and 1960. The second part...
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Legislative process and its future
Zahořák, Marek ; Hřebejk, Jiří (advisor) ; Syllová, Jindřiška (referee)
Legislativní proces a jeho budoucnost Abstrakt Rigorózní práce se zabývá problematikou legislativního procesu v České republice. Cílem bylo objasnění průběhu přijímání návrhů zákonů, zároveň se v práci objevují náměty na možné úpravy a změny již existujících a nově zavedených pravidel, podle kterých jsou návrhy zákonů schvalovány v praxi. Jako prameny posloužily zejména platné právní normy České republiky, judikatura Ústavního soudu České republiky a odborná literatura.
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Parliamentary immunity: Czech legal regulation in force in the European context
Částková, Eva ; Syllová, Jindřiška (referee) ; Suchánek, Radovan (referee)
This rigorous thesis is dedicated to the topic of the parliamentary immunity focusing on both of its parts - i. e. irresponsibility and inviolability. Parliamentary immunity is comprehended as purely functional instrument designated for the protection of the parliament as a whole and not only of its individual members. The thesis is especially devoted to the analysis of the legal regulation of the parliamentary immunity in force laid down in the article 27 of the Constitution of the Czech Republic taking in account relevant opinions of the Czech legal law researchers and appropriate judicial decisions. It also points out the relevant parts of the legal regulation of parliamentary immunity in foreign countries for comparison as well as the practice of the European Court of Human Rights. In order to take in account all aspects of this topic, the author adverts to the historical evolution and tries to outline possible solutions of some questions connected with parliamentary immunity. Special part of the thesis focuses on the parliamentary immunity in the European Parliament. In the conclusion the author considers that parliamentary immunity has still its importance, especially the irresponsibility and consequently takes a think on de lege ferenda legal regulation.
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Amendments unrelated to the subject-matter of a bill in the legislative practice of the Czech Republic
Fenclová, Martina ; Suchánek, Radovan (advisor) ; Syllová, Jindřiška (referee)
of the Thesis "Amendements unrelated to the subject-matter of a bill in the legislative practice of the Czech Republic" The aim of the thesis was to describe the matter of amendments unrelated to the subject- matter of a bill. The first chapter of the thesis gave an introduction into the legislative procedure in Czech Republic and presented possible ways how an unrelated amendment can become a part of a bill. The second chapter was focused on unrelated amendments themselves. Firstly, it explained their essence and gave examples. Afterwards, unrelated amendments were characterised from different points of view, e.g. who and why iniciates them, why are they problematic, and how they can be sorted. The third chapter paid attention to selected decisions of the Constitutional Court of Czech Republic. The fourth chapter presented possible ways of how to prevent legislators from adding unrelated provisions to the bills according to contemporary rules and also mentioned possible ways how legislative rules can change.
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Legal reguation of the position of political parties
Musil, Michal ; Suchánek, Radovan (advisor) ; Syllová, Jindřiška (referee)
Legal regulation of the position of political parties The thesis examines the legal regulation of political parties in the Czech Republic, which is an essential part of constitutional law. The thesis is composed of eight chapters, usually broken down into the following subchapters. The first chapter provides a general definition of a political party and its role in the democratic rule of law. The second chapter deals with the historical development of Czech political parties law and its relevance to current treatment. The third chapter discusses the applicable law regulating the status of political parties in (Act No. 424/1991 Sb., on association in political parties and political movements, the constitutional foundations of law and separation from the state. The next two chapters assesses the creation of political parties and modification of membership. The sixth chapter deals with issues of abolition and dissolution of political parties, suspending their activities and dissolution. Much of this chapter is devoted to the case of dissolution of the Workers' Party, and I come mainly from the case of the Supreme Administrative Court. The seventh chapter is focused on the financing and management of political parties. There is also laid emphasis on the law of the Constitutional Court, which on several...
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