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Forms of government in the chosen european states.
Chval, František ; Jirásková, Věra (advisor) ; Suchánek, Radovan (referee)
Resumé The topic of my thesis is the forms of government in the chosen European states. I chose this topic because Czech Republic is a European state and has a parliamentary form of government with a slight difference from the classical concept of this form of government and just looking at the Czech concept one can see that the Czechs inspired themselves in other countries. And I believe that it is important to understand how the form of government works, especially if the one created in the state one lives was inspired by others. Form of government defines the dividing of the power in a state and its exercise, thus describes the main state organs, their powers and how they work, we can say that it indicates the boundaries and in the same time the rules of the game. The chosen states for my thesis are: France, Germany, Austria. These states were not chosen randomly, but based on the fact that each of them started as a parliamentary form of government and the over the course of history diverted from the classical concept of the parliamentary form of government. I chose France because in the III. and the IV. Republic they had the parliamentary form of government and then after the Second World War the V. republic uses the semi-presidential form of government. And I chose it for a reason that counts towards...
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Legislative process after accession of the Czech Republic to the European Union
Machytka, Jakub ; Suchánek, Radovan (advisor) ; Hřebejk, Jiří (referee)
The aim of this master thesis is to deal with and systematically describe the legislative process which is regulated by law and also the legislative process at the level of the government which has not been formalized completely. The phenomenon of legislative process significantly influences the legal and social environment in the Czech Republic. The first and the second chapter is focused on theoretical definition of the legislative process and deals with the legislative process at the level of the Parliament. Special attention is paid to the lacks of legal regulation and practice, such as to changes implemented by the amendment of the Rules of Procedure of the Chamber of Deputies from 2015. It is also dealt with the Collection of Laws and its intended electronization. The third chapter is related to the position of the government within the legislative process. The government is the most important initiator of lawmaking, as it has the expert workers of ministries which create the legal drafts at its' disposal. Due to the accession of the Czech Republic to the European Union, the government must deal with the topic of compatibility of the Czech and EU law. The level of compatibility depends especially on the quality work of individual ministries. Planning of legislation works is also connected to this...
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Direct democracy at the municipal level in the Czech Republic
Stejskalová, Eva ; Jirásková, Věra (advisor) ; Suchánek, Radovan (referee)
The objective of the submitted diploma thesis is to analyze the subject of a direct democracy system in the Czech Republic focusing on the local level of governance. The possibility of being able to participate imminently in the municipal government and thus amending the current representative model became the subject of not only political discussions over the last few years. The thesis is composed of a foreword and five chapters, which are hereafter divided to subchapters for better transparency. Findings and author suggestions concerning the possible future forms of the local democracy are summarized in the conclusion. The introductory chapter presents the direct democracy in a theoretical way and shows how it differs from the representative democracy model. It also contains the definition of the five most respected forms of a direct democracy, which are: referendum, plebiscite, citizen initiative, petition and recall. Following two chapters are focused on the situation in Czech Republic, first in general, then with an emphasis on the municipal scene. Efforts to establish an individual form of a direct democracy can be observed already from the year 1918 with various results, new possibilities appeared later as Czech Republic had entered supranational communities. A local referendum still remains...
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Legal control of the constitutionality of legislative acts and a modern state governed by the rules of law
Juhás, Juraj ; Pinz, Jan (advisor) ; Suchánek, Radovan (referee)
The main question of this thesis is how a constitutional review in a modern Rechtsstaat should look like. In the general part we define basic principles of a modern Rechtsstaat and look for particular patterns of constitutional review which do not violate these principles. The leading ideas are the principle of legality, the principle of people sovereignty, the principle of rule of good law (protection of human rights) and deconcentration of power. Moreover, we describe the historic development of this phenomenon in England, in the United States of America, in Austria and in Czechoslovakia. At the beginning of the general part we compare in an international analysis cardinal aspects of constitutional review in the world and we postulate theoretical models. The core of this thesis is a legal analysis of the constitutional review in the Czech Republic. At the end we consider an ideal model of constitutional review in a modern Rechtstaat. This thesis finds out that constitutional review in the world and especially in the Czech Republic is performed by courts. This situation violates above all the principle of the sovereignty of the people. A legislative act is an expression of volonté générale and must not be declared void by a body which is not elected by people and not responsible to anybody. In any...
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Freedom of speech and its limits
Smílek, Ondřej ; Suchánek, Radovan (advisor) ; Jirásková, Věra (referee)
This diploma thesis deals with freedom of speech and its limits. Freedom of speech as the fundamental right which is necessary to proper functioning of a democratic state where the law rules. In this regard the freedom of speech has to be protected properly. Protection in Czech legal order is entrusted with the legal regulation of the major legal force, part of constitutional order, "Charter of fundamental Rights and Basic Freedoms". Freedom of speech as we know it today, was expressed after the Second World War as a prevention of similarly devastating conflict in the future. Certain desire for the free dissemination of ideas we can see in a deep histor when firs attemps of gaining freedom of speech was closely connected to religion. In the 19th century, when the freedom of denomination has found its stable place in the statutes of the most European countries, the freedom of speech has become to be undestood in connection to the freedom of the press, that was the only communicatory media. During the 20th century, when the humankind all over the world witnessed the appalling horror of wars the strict protection od human rights became necessary. For this purpose first international organizations were estabilished and in their scope was formulated first indexes of human rights. The formulation of fundamental...
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Constitutional guarantees of Impartiality of Judges and its Social connotations
Žižko, Igor ; Suchánek, Radovan (advisor) ; Janstová, Kateřina (referee)
Modern society is based on respect for the individual and at the same time it has created the institute of justice under which parties, in the interest of maintaining social cohesion, should resolve their disputes using the system of applying rights. The task of the judiciary is therefore to be an impartial arbiter, which is an absolute criterion for the acceptance of authoritativeness of this body, or more precisely the functionality and signification of this institute within the social contract. Only an unbiased judge can be the only guarantee for the nemo iudex in causa sua principles to be observed. The European Convention imposes on the states - members of the Council of Europe such legal conditions which guarantee every country the right for their affairs to be discussed fairly, in public and in a reasonable time limit by an independent and impartial court established by law which will decide about their civil rights and obligations or of any criminal charges raised against them. The Constitutional Order of the Czech Republic guarantees everybody the right to a fair trial conducted in accordance with the law before an impartial judge. Constitutional guarantees of fair legal proceedings before an impartial judge are supplemented with legal rules of the sub constitutional law. Yet, it is the...
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The issues of the constitutionality of regulatory fees in health care
Svatoš, Jiří ; Suchánek, Radovan (advisor) ; Jirásková, Věra (referee)
Goal of this thesis was to assess the constitutionality of "regulatory fees" in healthcare, which were enacted in the Czech Republic in 2007. The first chapter goes through the two decisions of the Czech Constitutional Court concerning assessment of the constitutionality of regulatory fees and identifies five main areas to study: 1)General methodology of human rights interpretation and their collisions in the Czech constitutional system, 2)Genesis and interpretation of social rights. 3)Identification of a test to assess collision between social rights and public goods 4)Essence of the right to free healthcare 5)Empirical assessment of the regulatory fees impact Second chapter is an overview of the first area divided into two sections: traditional methods of interpretation in constitutional law and development of the proportionality principle based on an overview of the Czech and foreign jurisprudence and the previous decisions of the Czech Constitutional Court. Third chapter describes the genesis of the social rights as a specific area of human rights. Implication from both chapters are combined to create a universal proportionality test that includes specific intensity of review for social rights. Fourth chapter provides a case study that firstly identifies the essence of the right to free healthcare,...
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Proceedings before the Constitutional Court
Svobodová, Žaneta ; Hřebejk, Jiří (referee) ; Suchánek, Radovan (referee)
The subject of this thesis is Constitutional Court proceedings. The Constitutional Court of the Czech Republic and its proceedings are still topical owing to important cases which influence not only the broad public but also the course of events in general. This judicial body responsible for the protection of constitutionalism has made a mark with a number of important cases and judicatives. It has issued a lot of awards which represented a major intervention in our law system. Hence, the judicature of the Constitutional Court becomes a key part of the constitutional practice, and it has started to significantly influence legal practice in general. In my thesis I have focused on the procedural law aspects of proceedings before the Constitutional Court while trying to highlight the significance of this constitutional institution
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Constitutional limits of the statutory regulation of the provision of health care
Soukup, Ondřej ; Gerloch, Aleš (advisor) ; Suchánek, Radovan (referee)
and key words ! Thesis: Constitutional limits of statutory regulation of the provision of health care ! Abstract ! The main goal of this thesis is to characterize and analyse the legal regulation concerning the provision and payment of health care under Czech law. This analysis is based mainly on the Charter of Fundamental Rights and Basic Freedoms as the foundation for the constitutional perspective. The thesis therefore begins with the constitutional limits of the provision and payment of health care. The right to health care is provided by Article 31 of the Charter of Fundamental Rights and Basic Freedoms, which is the basis for its constitutional provision. As the Charter is a complex document, Article 31 must therefore not be seen as isolated, which is why other Articles are taken under consideration. This provides a complex view of the right to health care in the Czech constitution. The thesis then focuses on the characterization of statutes and executive regulations, which provide the basic right to health care. This part of the thesis is focused mainly on the Public Health Insurance Act, as the most important statue in this area and also on executive regulations based on the Act, which imminently regulate the right to health care. Both of these parts of the thesis serve as a precise...
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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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