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Deficits of contemporary law-making in Czech Republic
Crha, Miroslav ; Wintr, Jan (referee)
The deficits of conteporary law-making in the Czech Republic Keywords: legislative process, Parliament, legisprudence Abstract: The thesis concerns contemporary law-making process in the Czech Republic in an effort to identify its weak spots, which can lead to low-quality laws being created and passed. Rating the quality of legislative process is considered by the author to be impossible without a proper philosophical and theoretical basis. Such basis is found in the theory of legisprudence, which was conceived by L. Wintgens. Legisprudence is a theory of rational law-making and it presents itself as an alternative to mainstream jurisprudence that is focused mainly on interpreting law. In accordance with legisprudence, the legitimacy of law is dependent on bringing positive outcomes compared to a situation of absence of law. Philosophically, legisprudence is based on social contract as a mandate for the lawmaker to pass laws that only minimally encroach on freedoms. Principles of legisprudence and the requirements on lawmakers that it formulates, are applied on specific parts of the law-making process in Czech Republic. Specifically, administrative procedure of legislative drafting, legislative technique, explanatory memoranda, regulatory impact assessment, and parliamentary procedure are examined. These...
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Relevance of norms in cyberspace
Crha, Miroslav ; Střítecký, Vít (advisor) ; Kučera, Tomáš (referee)
In my bachelor thesis I consider security in cyberspace and attempt to establish, whether theoretical approaches to the technological domain of nuclear weapons can merit the analysis of cyberspace. More specifically, I focus on the constructivist perspective and the theoretical framework of norm evolution that allows me to analyze the behavior of states based on their shared expectations and identity in international community. Norms, which form a standard of appropriate behavior, always evolve and thus I deal with their life-cycle. Further I inquire into the application of this theoretical framework in nuclear weapons and into two concepts that expand upon it: nuclear taboo and nuclear deviation. I present the relationship between these two concepts and the dominant approach of deterrence, their pros and cons, and their differences. I demonstrate the contribution of these concepts by applying them to historical cases of (non-)use of nuclear weapons. The part of my thesis devoted to cyberspace begins with a discussion of terminology and of the aspects that differentiate cyberspace from other domains. I follow this up by a study of previous practice of cyber attacks and by the analysis of norm emergence in three areas: arms control, (non-)use of cyber weapons, and normative deterrence. My method...
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Deficits of contemporary law-making in the Czech Republic
Crha, Miroslav ; Ondřejek, Pavel (advisor) ; Wintr, Jan (referee)
The deficits of conteporary law-making in the Czech Republic Keywords: legislative process, Parliament, legisprudence Abstract: The thesis concerns contemporary law-making process in the Czech Republic in an effort to identify its weak spots, which can lead to low-quality laws being created and passed. Rating the quality of legislative process is considered by the author to be impossible without a proper philosophical and theoretical basis. Such basis is found in the theory of legisprudence, which was conceived by L. Wintgens. Legisprudence is a theory of rational law-making and it presents itself as an alternative to mainstream jurisprudence that is focused mainly on interpreting law. In accordance with legisprudence, the legitimacy of law is dependent on bringing positive outcomes compared to a situation of absence of law. Philosophically, legisprudence is based on social contract as a mandate for the lawmaker to pass laws that only minimally encroach on freedoms. Principles of legisprudence and the requirements on lawmakers that it formulates, are applied on specific parts of the law-making process in Czech Republic. Specifically, administrative procedure of legislative drafting, legislative technique, explanatory memoranda, regulatory impact assessment, and parliamentary procedure are examined. These...
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Relevance of norms in cyberspace
Crha, Miroslav ; Střítecký, Vít (advisor) ; Kučera, Tomáš (referee)
In my bachelor thesis I consider security in cyberspace and attempt to establish, whether theoretical approaches to the technological domain of nuclear weapons can merit the analysis of cyberspace. More specifically, I focus on the constructivist perspective and the theoretical framework of norm evolution that allows me to analyze the behavior of states based on their shared expectations and identity in international community. Norms, which form a standard of appropriate behavior, always evolve and thus I deal with their life-cycle. Further I inquire into the application of this theoretical framework in nuclear weapons and into two concepts that expand upon it: nuclear taboo and nuclear deviation. I present the relationship between these two concepts and the dominant approach of deterrence, their pros and cons, and their differences. I demonstrate the contribution of these concepts by applying them to historical cases of (non-)use of nuclear weapons. The part of my thesis devoted to cyberspace begins with a discussion of terminology and of the aspects that differentiate cyberspace from other domains. I follow this up by a study of previous practice of cyber attacks and by the analysis of norm emergence in three areas: arms control, (non-)use of cyber weapons, and normative deterrence. My method...
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