|
|
The right to assemble in the CR
Červenka, Filip ; Kudrna, Jan (advisor) ; Suchánek, Radovan (referee)
This thesis concerns the current legislation and practical issues of the right to assemble in the Czech Republic. In the introduction is described the development of the right of assembly from the year 1948 until the adoption of the current law, the Right of Assembly Act. The present legislation is based on the notifying principle. An Assembly shall therefore not be subject to permission of public authority. The legal framework of the right to assemble at national level consists primarily of Article 19 of the Charter of Rights and Freedoms and the Act No. 84/1990 Coll., on the Right of Assembly. In the field of international law is the respective regulation included mainly in the article 21 of the International Covenant on Civil and Political Rights and Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The work describes the most important institutes of the right of assembly, such as the convening of the assembly and the convening person, the rights and obligations of the convener, participants and the authority, spontaneous gatherings, prohibition and dissolution of an assembly. More attention is paid to situations where there are conflicts between the convener and the authority, which strives to prevent some assemblies. This was also the question...
|
|
|
Legal regulation of the position of political parties
Šálek, Stanislav ; Jirásková, Věra (advisor) ; Kudrna, Jan (referee)
The presented thesis deals with political parties and especially with their legal regulation. However, the thesis does not only use the legal statutes and theirs provisions, but it also aspire to set the existence and the action of political parties into a wider context, which is provided the political science. The subject of the thesis is restricted to the Czech Republic (respectively to its contemporary national territory and to political parties, which existed or are existing within this territory). That's why the statutory regulation of political parties' position is set into the context of czech constitutional law order as well. Concurrently, only selected aspects of existence and action of political parties are carefully analysed. In spite of that, the thesis provides a basic overview of general legal regulation of political parties in the Czech Republic. This thesis consists of four chapters. The first chapter pursues historical development of political parties' phenomenon in territory of contemporary Czech Republic It does so by characterizing of political parties themselves (including the enumeration of the most important ones of them), and further by regarding to their legal regulation in specific historical periods, which preceded the enactment of contemporary valid legal regulation of...
|
|
| |
|
|
The office of Ombudsman in the Czech Republic
Kuchariková, Alena ; Hofmannová, Helena (advisor) ; Kudrna, Jan (referee)
6 Abstract and key-word list The office of Ombudsman in the Czech Republic This thesis addresses the subject of a public defender of rights (PDR) in Czech Republic. Although it has proven itself to be an indispensable institution that contributes to a rightful administration of public affairs, public's awareness about this organization and its activities is relatively inadequate which leaves many aspects of the institution's responsibilities open to misinterpretation. The aim of this thesis is twofold first to provide an overview of the organization's activities and responsibilities to the public, further to propose the necessary alteration to the current law in order to enhance the efficacy and productivity of the abovementioned institute. Moreover to gain a comprehensive view of the public defender of rights, it is vital to specify its position among our legislature and to address its eventual embodiment in the constitution. This thesis comprises of 8 chapters, each of which deal with different aspects of the public's defender of rights position and work. The first chapter deals with the institution's founding, development and general definition of the public defender of rights institution. It is divided into three parts, the first of which contains a brief outline of the institution's establishment and...
|
|
|
Legal regulation of conflict of interests in Czech republic de lege lata and de lege ferenda
Řehoř, Václav ; Kudrna, Jan (advisor) ; Suchánek, Radovan (referee)
Legal regulation of conflict of interests in Czech republic de lege lata and de lege ferenda Resumé: This work deals with the institute of conflict of interests. This legal institute is typical for all types of state systems, however efforts to legally regulate it as appropriate exist usually only in certain systems (in particular in democratic systems). This institute can be basically divided in so called incompatibility of functions and the conflict of interests as such (i.e. the conflict between the public and the private interest). Incompatibility of functions can be characterized as the basic requirement of each democratic legal state, which is reflected in the impossibility to concentrate functions (and related powers) which represent individual elements of state power. This first of all pre-empts misusing the entrusted public function and trust, further it also pre-empts misusing power up to the potential possibility of establishing authoritarian or totalitarian regimes. Therefore incompatibility can arise in particular where the division of powers exists, thus in particular in a democratic legal state. Separation of three individual basic pillars (i.e. legislative, executive and judicial powers) thus has its value in impossibility to concentrate functions from any of those pillars in the hands of...
|
|
|
The constitutional National Assembly in 1946-1948
Tkadlec, Jaroslav ; Gronský, Ján (advisor) ; Kudrna, Jan (referee)
99 ZÁVĚR Předkládaná práce si v úvodu položila několik otázek, na které měly být v jednotlivých kapitolách nalezeny odpovědi. Na hlavní z nich, sice na otázku, zda Ústavodárné Národní shromáždění splnilo zadání k vypracování a přijetí nové ústavy, je třeba odpovědět záporně. Formálně ÚNS svůj hlavní úkol splnilo, nicméně Ústava 9.května z výše popsaných důvodů nemůže být považována za ústavu demokratického právního státu, obsahující ve svých ustanoveních garanci základních lidských práv a svobod, nezávislou justici, dělbu moci a další instituty právního státu. Na druhou stranu se dá souhlasit s názorem, že i přes únorové události zakotvovala spíše poměry předúnorové, což by se s jistou dávkou zjednodušení dalo považovat za splnění zadání spočívající v ústavním zakotvení poválečných změn. Následující léta však tento částečný úspěch poněkud mění. Přebíráním sovětských vzorů je ústavní listina opakovaně měněna a doplňována a také v masovém měřítku porušována, obcházena a široce a svévolně interpretována. Na druhou stranu je třeba poukázat na fakt, že vina za nesplnění hlavního úkolu neleží v převážné části na samotném zákonodárném sboru. Ten již od počátku své činnosti znamenal určité zrcadlení sporů a následující krize odehrávající se ve vládě a na půdě Národní fronty, čemuž odpovídala i jeho nečinnost při...
|
|
|
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...
|
|
|
The matter of the restitution of the church property after 1989
Karola, Petr ; Kudrna, Jan (advisor) ; Pavlíček, Václav (referee)
The theme of the thesis: ,,The matter of the restitution of the church property after 1989", has been chosen due to the interesting public debate about this topic, which is very interesting, topical, sharp and clearly very controversial. The importance of the issue adds its development, while there are still continually opened new aspects and perspectives of this topic. The topic is significant by ambivalence of opinions, basically a certain helplessness and by the sharp clashes of the different opinions of the professional community. The cause is very simple. It is a problem with very complex historical and legal background. The diploma thesis attempts to uncover the background of the preparation of the restitution process and of the separation of the church and state after the 1989 including their historical background and important constitutional aspects. My goal was to describe a path which led to the enactment of the law about the property settlement with the churches and religious societies in 2012. The intention of this paper is not to cover all aspects of this topic, after all that is impossible in frame of one diploma thesis, but it should provide the reader a formally complex material which clarifies the causes and consequences of the enactment of the Act no. 428/2012 coll., about the...
|
|
|
Appointment power of the President of the Republic under the Constitution of the CR and its comparison with the Constitutional Instrument of 1920
Brázdilová, Jana ; Gronský, Ján (advisor) ; Kudrna, Jan (referee)
Appointment powers of the President of the Republic under the Constitution of the CR and its comparison with the Constitutional Instrument of 1920 Abstract The purpose of this thesis is to analyze and summarize appointment powers of the President of the Republic under the Constitution of the Czech Republic and compare them with the appointment powers of the President under the Constitutional Instrument of 1920. This topic was chosen because the valid Constitution of the Czech Republic is based on the Constitution Instrument of 1920 and the two constitutions in question are similar. In closer look those similarities are not so strong and differences maybe seems small but they are significant. This thesis is composed of four chapters. Chapter one is dealing with overall questions around the appointment powers of the president. It is divided to two parts. One is mentioning deputization of the president. Second is handling responsibilities of the president and counter-signature. Second chapter describes common appointment powers which occur in both Constitutions. It is divided into four subchapters. President and his relationship to executive, judiciary, constitutional authorities and other appointment powers. Each subchapter consist many parts regarding the power in question. Each part is divided to three...
|
|
|
The Constitutional Institute of Pardon and Amnesty
Bednář, Marcel ; Janstová, Kateřina (advisor) ; Kudrna, Jan (referee)
The Constitutional Institute of Pardon and Amnesty The diploma thesis called The Constitutional Institute of Pardon and Amnesty is dealing with highly relevant issues often discussed at the political scene of the Czech Republic. It reflects the current debate on whether the institutes should remain in the legal system of the Czech Republic. The main thesis was chosen accordingly - on the contrary to arguments pleading for removing the institutes. The diploma thesis explains the main terms and theoretical divisions, as well as various forms of the institutes of pardon and amnesty. One of the chapters is devoted to the meaning of the institutes which may play a significant role when considering legitimacy of pardons and amnesties. Current domestic legislation regarding the institutes is described with regard to consequences of international law. The process of presidential pardon granting is elaborated in detail. Critical moments of the process are emphasised and different approaches of the three presidents of the Czech Republic are compared. The chapter concerning amnesty is constructed similarly. Critical moments of the institutes of pardon and amnesty are discussed thoroughly. The focus is aimed to problems such as responsibility, overusing or misusing of the institutes or clash with the...
|
guest ::
RSS feed.