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The position of the President of the Republic within the Polish constitutional system
Kryska, David ; Jirásková, Věra (advisor) ; Kudrna, Jan (referee)
The aim of the thesis is to analyse the status of the President of the Republic in Polish Constitutional System. The reason for this research is that although this subject has already been described by political scientists, it has not been fully explored in the field of Theory of Constitutional Law. The institution of the President of the Republic was re-established in 1989 in the course of systemic reforms, therefore the first part of this study describes historical background of this institution. The following parts outline the mode of election, constitutional features of office and constitutional liability of the President of the Republic. The President of the Republic is elected directly by the people and according to the Constitution he is the executive authority and performs three basic functions: 1) representation of the Republic of Poland in both international and home relations and guaranteeing the continuity of state authority (traditional function of Head of State), 2) supervision of the observance of the constitution, 3) protection of the sovereignty and security of the state as well as inviolability and integrity of its territory. This study also focusses on the competences of the President of the Republic in relations with legislative and judicial powers and with the second executive body -...
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The election campaign and its limits
Vybíralová, Jana ; Antoš, Marek (advisor) ; Kudrna, Jan (referee)
As mentioned above, this master thesis is focused on some processes which an election campaign is affected by. In the first place, it analyses processes and trends which are typical for the legal regulation of election campaigns in the Czech Republic. My approach to this topic is centered on restrictive parameter limits which influence election campaigns. The core of the master thesis is naturally aimed at the field of law. The aim of the master thesis is to present basic knowledge of the matter which is still topical in the Czech society based on the fact that elections are held quite often. The master thesis can therefore serve as a source of information for further analysing election campaigns whose main purpose is to win the biggest voters' support. The master thesis is divided into four chapters. The first one concerns a theoretical background of election campaigns. The second one examines an election campaign itself, its legal regulation de lege lata respectively. The third chapter studies general principles relative to conducting an election campaign. The final chapter reflects the current situation in the Czech Republic as regards the direct presidential election.
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Constitucional institutes of pardon and amnesty
Šembera, Jan ; Janstová, Kateřina (advisor) ; Kudrna, Jan (referee)
1 Abstract CONSTITUTIONAL INSTITUTES OF PARDON AND AMNESTY This thesis deals with constitutional institutes of pardon and amnesty. The thesis aims to provide information on existing legal regulation of this area, closer explanation of the particular legal institutes, describe their historical development and show the way of their application during tenures of Czech presidents. The Introduction contains brief summary of the goals of the thesis, its structure and reasons for choice of the respective topic. The First Chapter is devoted to definition of elementary terms of pardon and amnesty and explanation of basic differences of their forms, i.e. abolition, agraciation and rehabilitation since correct understanding of these terms is crucial for understanding of the whole following text, The Second Chapter deals with historical development of the constitutional institutes in question before emergence of the independent Czech Republic. The Third Chapter contains analysis of current legal regulation in constitutional and general law. The Fourth Chapter is devoted to pardon, particularly more thorough analysis of transfer of capacity to grant pardons and procedural affairs related to granting of pardons in practice. Final part of this Chapter contains description of specific pardons granted during tenures of...
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The concealed performance of public power and values protected by the constitutional order
Klaban, Vladimír ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
The aim of this diploma paper is to analyse and define the nature of secret exercise of public authority and to asses this phenomena in respect of the fundamental principles of the democratic rule of law. Any secrecy in exercising public authority is in fact a clear contradiction to a natural concept of the human rights and fundamental freedoms. Therefore the republic, as a public institution, should not have too many secrets to hide away from the people if its own principles are not to be completely disgraced. Secrecy in exercising public authority is a specific feature often related to the areas such as securing the sovereignity and territorial integrity of the Czech Republic, protecting its democratic foundations, protection of the lives and health of the population as well as the right to own the property. This is in full accordance with the constitutional duty of the state. Limited access to the information has a unique and 84 inevitable role in these areas and it is clearly mentioned in the Charter of Fundamental Rights and Freedoms, the European Convention of Human Rights and Freedoms and the International Covenant on Civil and Political Rights. The question of choice between the security and the liberty has been recently heavily discussed by the people as a natural follow up to the...
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Deployment of the armed forces with the consent of parliament
Kilián, Kryštof ; Syllová, Jindřiška (advisor) ; Kudrna, Jan (referee)
NÁZEV / TITLE: Vysílání ozbrojených sil se souhlasem parlamentu / Deployment of the armed forces with the consent of parliament Abstract This diploma thesis deals with the issue of deploying the armed forces of the Czech republic on foreign missions and similar events and with the role of parliament in the decision-making process. Its main objective is to analyze intentions of the creators of the current Constitution of the Czech republic in matters of deployment of the armed forces, but also can not omit matters that are in broader or narrower sense related to this topic, such as stays, transits or flights of the armed forces of foreign states through the territory of the Czech republic. In its first part, this diploma thesis provides a definition of basic sources and a definition of terms related to the topic of the thesis. In the next part, it discusses the historical development of the constitutional regulation in the territory of Czechoslovakia and the Czech Republic in the given issue and the possible influence of these historical experiences on the current form of the Constitution. Then it discusses in detail the current regulation of this topic, which means the role of the Parliament of the Czech Republic in this process and its relationship to the government's decision-making. Article 43 of the...
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The legal status of the citizen in the case of defence of the Czech Republic
Mahler, Dan ; Kudrna, Jan (advisor) ; Hřebejk, Jiří (referee)
1 Abstract This thesis deals with the legal status of the citizen in the case of defence of the Czech Republic. It summarizes rights and duties of the citizen in this area and seeks to capture possible shortcomings in current legislation. For this purpose, the first chapter focuses on the theoretical state science background of the relationship between the state and the citizen in defence issues. It describes the importance of defence and the reasons why the state should deal with it. Both classical state science theories and contemporary doctrine are used. The second chapter captures the contemporary constitutional position of defence and security issues in general. It describes elementary constitutional principles that determine defence legislation and the citizen's position within. It summarizes the present-day doctrine of limitations placed upon the fundamental rights and freedoms because of defence issues. There are also descriptions of states of crisis with attention to the state of threat to state and state of war, which relate to the defence of the Czech Republic. The third chapter deals with individual defence laws. Attention is paid to the duties and rights that legislation imposes on citizens, the methods by which it does so and the penalties for failure to fulfil these obligations. The powers of...
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Intelligence services and control of their activities in the Czech Republic
Daněk, Michal ; Kudrna, Jan (advisor) ; Grinc, Jan (referee)
Intelligence services and control of their activities in the Czech Republic Abstract The main focus of this thesis is the control of intelligence services in the Czech Republic. The first two chapters define the basic terminology and theory of intelligence services. The third chapter deals briefly with the historical context and development of intelligence services in the Czech Republic. In the fourth chapter, the thesis describes the powers and activities of intelligence services. And the most extensive fifth chapter, which follows, is focused on the control of activities of intelligence services of the Czech Republic. The control of intelligence services is, in general, difficult to implement, it often requires compromises due to the specifics of properties of intelligence services and because of the existence of several conflicts of interests of the involved parties. Probably the most significant conflict of interest is between transparency, information rights and protection of fundamental rights and freedom of individuals on the one hand and providing of the highest possible level of professionality and efficiency of intelligence services, on the other hand. It can be stated that in the past there used to be, and there still remains, some space for improvement in the area of control over the activities...
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Methods of control over states of emergency in the Czech Republic
Mainclová, Eliška ; Kudrna, Jan (advisor) ; Syllová, Jindřiška (referee)
What are the ways of controlling extraordinary legal states in the legal system of the Czech Republic? Is parliamentary control of states of emergency sufficient and effective? Are states of emergency in the Czech legal order reviewable at the judicial level? What is the meaning and purpose of control over states of emergency? These are the questions that the author of the diploma thesis addresses using the example of a coronavirus pandemic in 2020 and 2021 as a case study. She assumes that states of emergency can be controlled and argues why and to what extent she considers it necessary in the conditions of a democratic state governed by the rule of law, to which the Czech Republic subscribes. In the first part of the thesis, the author defines the concept of a state of emergency as it is understood in theory and presents the individual states of emergency de lege lata. In the second part, the author presents a systematics of possible means of control, including parliamentary and political control, judicial review, and international supervision; she concludes the overview of legal means of control with an important addition of informal control by experts, the media, and society. At the same time, she presents research questions or hypotheses and addresses what is the aim and purpose of control of...
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Conscription in the legal system of the Czech Republic
Bejbl, Daniel ; Kudrna, Jan (advisor) ; Grinc, Jan (referee)
Conscription in the legal system of the Czech Republic The main goal of this thesis is to provide a comprehensive take on a conscription legislation in the Czech legal system. With this in mind the beginning of the thesis includes a definition of conscription as well as the differences between conscripted army and a professional army since both these systems currently are or have been present in Czech armed forces. To better understand the different types of conscription used throughout the history, the thesis also contains a chapter encompassing a basic development of Czech (Czechoslovak) foreign policy and defence strategy since the birth of an independent Czechoslovakia up to this day, focusing its impact on the concrete type of conscription used in the particular period. Then, a comprehensive third chapter about a historical development of different types of providing defence to the area of the contemporary Czech Republic is included. Each subchapter is dedicated to a certain historical period since the early system of princely retinues during the 10th century up till the 21st century and a fully professional army. The main part of the thesis consists of chapters four to seven which describes individual aspects of current conscription legislation such as organization of Czech armed forces,...
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