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Referendum in the Czech Republic
Krause, Jakub ; Jirásková, Věra (advisor) ; Antoš, Marek (referee)
Referendum in the Czech Republic Abstract This thesis focuses on the issue of the national referendum in the Czech Republic, which the Constitution assumes to be held, but the general legal regulation in the Czech legal system is missing. The most extensive part of this work is therefore devoted to the drafts of constitutional acts regulating the general national referendum (hereinafter also "proposals"), which have been submitted to the Chamber of Deputies since the establishment of the Czech Republic. At the beginning of the work, the author defines the concept of referendum and further categorizes the referendums according to the functions in which people can initiate them, the time when they are held, whether the obligation is to be performed, whether their results are binding, what their subject can be, what territory they are taking, their legislation form and whether judicial review is possible. This categorization is supplemented by examples of legal regulations of referendums from selected European Union countries (including the Czech Republic) and Switzerland. Categorization of referendums are used in the analysis of proposals, to which the second part of this paper is devoted. It is possible, for example, to find out how many proposals were submitted to the Chamber of Deputies since the...
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Constitutional aspects of postal voting in the exercise of the right to vote
Řehořek, Michal ; Antoš, Marek (advisor) ; Jirásková, Věra (referee)
Resumé The topic of this diploma thesis is Constitutional aspects of postal voting in the exercise of the right to vote. The main aim of this diploma thesis is to provide the answer to the following couple of questions: Should the postal voting be introduced in the Czech Republic? And if the answer is yes, what would be the most suitable form? The right to vote is an essential part of a democratic state and it is a fundamental right of every citizen of the Czech Republic over 18 years of age. The Czech Republic allows its citizens to exercise their right to vote abroad, however, the current state of the legislation may be considered problematic. In the thesis, I provide the arguments for such conclusion; the main argument being very low turnout of voters abroad in comparison with the estimated number of citizens residing abroad on both long and short term basis. Although all citizens have guaranteed the same rights, the current electoral legislation in fact causes serious disadvantages to the voters abroad; the electoral legislation requires repeated personal attendance in distant embassies, where the voter can exercise his right to vote. Furthermore, I mention the problematic aspects of the right to vote within the territory of the Czech Republic, which are connected especially to the possibility of voters...
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"Registration of Candidates for the Office of the President of the Czech Republic".
Vodehnal, Ondřej ; Antoš, Marek (advisor) ; Janstová, Kateřina (referee)
Zusammenfassung Die Diplomarbeit beschäftigt sich mit der Problematik der Nomination und Registration der Kandidaten für die tschechische Präsidentenwahl. Im Jahre 2012 genehmigte das Parlament eine Änderung der Verfassung, die die Wahl des tschechischen Präsidenten auf die direkte Wahl änderte. Im Zusammenhang damit kamen viele Fragen über die Nomination und Registration der Kandidaten für die Funktion des Präsidenten. Diese Fragen musste man nicht lösen, weil das Recht auf die Nomination des Kandidaten neu die Bürger bekamen, die eine Petition mit den Unterschriften mindestens 50.000 Bürger mit dem Wahlrecht vorlegen. Die Diplomarbeit bemüht sich diese Probleme zu analysieren und ihre Lösung vorzuschlagen. Nach dem Einführungsteil über die Geschichte der Anträge auf die direkte Wahl im tschechischen Verfassungssystem und nach der Rekapitulation der anderen Rechtsvorschriften, laut den man in einigen Fällen (Kandidatur der unabhängigen Kandidaten in den Komunal- oder Senatwahlen, bzw. Gründung einer neuen politischen Partei) eine Petition mit einer bestimmten Anzahl der Unterschriften vorlegen muss, folgt gerade dieser analytischer Anteil. In dieser Diplomarbeit beschäftigt sich der Autor z.B. damit, auf welche Art und Weise bei der ersten tschechischen Präsidentenwahl das Innenministerium die...
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Political advertising
Janotová, Hana ; Antoš, Marek (advisor) ; Kindlová, Miluše (referee)
The aim of this thesis is to answer the question whether the ban on political advertising on television and radio, which is laid down in the Czech Broadcasting Act 2001, is in compliance with the freedom of expression. Namely, whether it is in compliance with the Article 17 of the Czech Charter on Fundamental Rights and Freedoms. And secondly, whether it is in compliance with the Article 10 of the European Convention on Human Rights. The freedom of expression is an essential political right. Therefore, the limitations have to be interpreted restrictively. Moreover, all limitations have to be thoroughly justified. Firstly, the thesis analysis the scope of the ban on political advertising on television and radio. It explains what are the sanctions in the case of violation of the ban. Examples of violations are also introduced. Further, it is referred to the amendment to the Broadcasting Act. This amendement proposes to define "the political commercials". It is not possible to find such a definition in the current version of the Act. Another topic which is discussed is an anonymous advertising. Then attention is paid to the regulation of free airtime. Since, free airtime is divided between all political parties with regard to the Parliamentary elections, elections to the Europena Parliament and elections of...
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Unicameralism in the constitutional system of the Czech Republic?
Musil, Jiří ; Kysela, Jan (advisor) ; Antoš, Marek (referee)
The present Master's thesis seeks to analyze the constitutional system of the Czech Republic in the point of its bicameralism compared to the constitutional system of Hungary, the Republic of Poland and the Slovak Republic. The work's hypothesis assumes the bicameral parliament states are more successful than unicameral in their economic indicators. This assumption is based on the fact being a state of law where all activities must be in compliance with law which is given by a parliament and economy of the state is determinated by the quality of the rules. This paper does not use the mainstream way of constitutinal law or political science analysis as a main method but prefer the Law and Economics (LAE) and the first mentioned is used as corrective element only. GDP per capita is used becouse of its eligibility to be the most depictive economic indicator. Due to the lack of relevant data set World Bank statistics in US dollars of recent price level are used. The mentioned countries were chosen as the low rate of unobserved heterogenity states, decreasing the possibility of inexact analysis but these countries are different in the number of parliament houses and it permits to use Difference-in-differences method (DID). The used DID is very similar to the placebo response and it helps to distinguish...
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Unicameralism in the constitutional system of the Czech Republic?
Musil, Jiří ; Kysela, Jan (advisor) ; Antoš, Marek (referee)
The present Master's thesis seeks to analyze the constitutional system of the Czech Republic in the point of its bicameralism compared to the constitutional system of Hungary, the Republic of Poland and the Slovak Republic. There is a question of advantageousness of transformation into unicameral constitutional system of Czech Republic ceteris paribus. The work's hypothesis assumes the bicameral parliament states are more successful than unicameral in their economic indicators. This assumption is based on the fact being a state of law where all activities must be in compliance with law which is given by a parliament and economy of the state is determinated by the quality of the rules. This paper does not use the mainstream way of constitutinal law or political science analysis as a main method but prefer the Law and Economics (LAE) and the first mentioned is used as a part of work hypothesis only. GDP per capita is used becouse of its eligibility to be the most depictive economic indicator. Due to the lack of relevant data set World Bank statistics in US dollars of recent price level are used. The mentioned countries were chosen as the low rate of unobserved heterogenity states, decreasing the possibility of inexact analysis but these countries are different in the number of parliament houses and...
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The Czech presidential election law and its comparison with presidential election amendments of European Union countries
Šutka, Pavel ; Antoš, Marek (advisor) ; Pavlíček, Václav (referee)
The dissertation investigates a constitutional amendment to the 2012 legislation of the presidential election. The amendment introduced an election of the president through a popular vote, which was a historical milestone for the Czech legal system. However, the new adjustment was adopted in haste and evinces many deficiencies; that was proven in the 2013 presidential election. Therefore, the aim of the dissertation is to describe problematical parts of the new legal adjustment and find some possible solutions. The main topics are as follows: 1) modification of the basic concepts of the election system, 2) candidate nomination process, 3) election campaign funding and 4) ethical aspects of the election campaign. A comparison of legal adjustments of 14 EU countries with the direct presidential election (the Czech Republic, Bulgaria, Finland, France, Croatia, Ireland, Cyprus, Lithuania, Poland, Portugal, Austria, Romania, Slovakia and Slovenia) was done, in order to find appropriate solutions. Apart from the results of comparison, the dissertation is based on reports by GRECO, OSCE and the corresponding Czech judicature. In conclusion, the Czech adjustment of the presidential election meets every democratic principle, but, at the same time, contains many mistakes. Especially the queries of "election campaign...
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Mutual comparison of the appointment of judges in Czech Republic and on the basis of the merit system.
Němec, Tomáš ; Antoš, Marek (advisor) ; Kudrna, Jan (referee)
Mutual comparison of the appointment of judges in Czech Republic and on the basis of the merit system The diploma thesis deals with a comparison of the appointment of judges in the Czech Republic and an appointment of judges based on merit system. The aim is to describe in detail both systems and determine whether the application of the principles of a model example of the appointment of judges based on merit systemis possible to apply in the Czech Republic. In the first chapter I set the basic assumptions of a judge that any judge should meet. Using these assumptions I also compare both systems the appointment of judges. The ideal system for appointing judges, in my opinion, should be set so that on its basis were appointed judges who are independent and impartial, accountable, trustworthy, intelligent and have the necessary experience and moral assumptions. The second chapter is devoted to the current system of appointment of judges in the Czech Republic, where I describe the current legislation and appointment of judges that deal with the process that precedes the appointment of judges by the President. At the end of the second chapter I summarize how the current system for selecting judges take into account the criteria mentioned in the first chapter. In the third chapter I present system of...
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The first direct presidential election in the Czech Republic and the resulting consequences
Kourek, Ondřej ; Antoš, Marek (advisor) ; Janstová, Kateřina (referee)
The introduction of the direct presidential election in the Czech Republic had been for a long time marginal topic that gradually grew in importance in the connection of growing public support and undignified process of the last two indirect election of the President. Nevertheless, the relevant amendment to the Constitution and implementing act no. 275/2012 Coll. were discussed and accepted in considerable time pressure in connection with the approaching date of the presidential election in January 2013. Moreover because the first direct presidential election in the Czech Republic was a historic experience, it is logical that the rules of direct presidential election have several leaks. The aim of this work is to critically and clearly evaluate the process of the direct presidential election and propose legislation "de lege ferenda" that would have responded to the mentioned leaks and would make the direct presidential election more transparency, among other in particular in the area of financing election campaign and qualification of candidates.
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Constitutional definition of the mechanisms of control of territorial self-governing units
Dušek, Libor ; Antoš, Marek (advisor) ; Suchánek, Radovan (referee)
The aim is to answer the question of whether effective control mechanisms exist in the Czech Republic which would guarantee the fulfilment of legal regulations by municipalities and regional authorities dealing with public property. It is also my aim to explore whether such control mechanisms result from the constitutionally guaranteed rights to local government and, if they do, to what extent they may be incorporated in the Czech legislation. My diploma thesis is based on specific case studies, the case law of general courts and the current jurisprudence of the Czech Constitutional Court. After the description of the current state of affairs in the Czech Republic, I further focus on the definition of the control mechanisms of local governments in Czechoslovakia between the two world wars (1918 - 1938) and partly also during the Austro-Hungarian Empire. This diversion leading to this era has been selected to reflect the efforts to resume the local government traditions in the context of the renewal of the local government scheme in the Czech Republic after 1989. It is proven towards the end of the historical survey that unlike today, there were effective control mechanisms available before World War II, with several alternatives. The thesis also compares the legal regulations beyond the control...
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