National Repository of Grey Literature 75 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Constitutional control of legal norms in the Czech republic in Central European context
Půhoný, Ondřej ; Hřebejk, Jiří (referee)
- 1 - ABSTRACT This thesis deals with the issue of constitutional control of legal norms, both in general development in its historical retrospective and then it describes its functioning in the continental and Anglo-American type of legal culture. A separate part is devoted to the historical development in the Czech lands from the beginnings of constitutionality in Austria and Austria-Hungary through its development during the interwar period, repression in the period of non-freedom during World War II and communist totalitarianism after its end, up to its restoration after 1989 and the subsequent dissolution of Czechoslovakia. Another goal of this thesis is a brief description of the current functioning of the constitutional judiciary in the Czech Republic and its comparison with the functioning of the constitutional judicial systems in selected European countries. In conclusion, I focused on the elements of constitutional control on a European scale and on the evaluation of its importance for the legal order and for the protection of human rights and freedoms. This thesis is systematically divided into six basic areas. The first one describes the legally consistent state as a constitutional state; the second one characterizes the constitutional judiciary as one of the guarantees of a legally consistent...
Selection of Constitutional Justices in Czechia and Slovakia
Svoboda, Jiří ; Hřebejk, Jiří (referee)
Thesis focuses on institutional aspect of selection of constitutional judges in Czechia and in Slovakia, personal aspect of selection, i.e. identification of the groups of recruitment and requirements and qualities of the judges. Thesis also focuses on the process, i.e. procedural aspects within which the key authorities (presidents and parliaments) compare and choose individual candidates. Based on this analysis the student will identify strengths and weaknesses of both systems, which could lead to paralysis of court in question.
Pardon in constitutional law
Stejskal, Jakub ; Kysela, Jan (advisor) ; Hřebejk, Jiří (referee)
Pardons in constitutional law Abstract This thesis is focusing on the constitutional institute of pardon both in its individual and collective form. The highest attention is paid to the legal framework of the Czech Republic. The thesis is divided into five sections. The first one deals with the theoretical term of mercy and its origin. In this section are also described four forms of pardon, namely suspension of a criminal proceedings, mitigation and pardoning of a sentence, remission of its legal consequences and amnesty as a pardon granted collectively. In this section are also outlined legal provisions of chosen states. Arguments in favour of a future existence of pardon as well as arguments against are also introduced. The second part elaborates a development of constitutional pardon in the Czech legal history starting from the first constitution declared in 1848 to the separation of the Czech and Slovak Federative Republic. Besides of historical constitutions, provisions of ordinary statutes are also mentioned as well as examples of granted pardons which performed an important historical role. The third part focuses on current legal provisions in the Czech Republic and the distinction between the article 62 and 63 of the Constitution. Besides, the relation between constitutional provisions and other...
The right to a lawful judge
Hruška, Lukáš ; Kindlová, Miluše (advisor) ; Hřebejk, Jiří (referee)
The right to a lawful judge Abstract This thesis deals with the basic subjective right to a lawful judge. Its basis consists of analysis of the constitutional and statutory provisions (formal aspect) and their interpretation in the context of merits of the right to a lawful judge (material aspect). The research question of this thesis is as follows: "Are the statutory provisions (or tables of duties) and practices of courts in the Czech Republic aligned with principles and purpose of the basic right to a lawful judge?" General, basic and theoretical issues of the right to a lawful judge such as its nature as a basic subjective right, the scope of its addressees or relation to the right to a due process in line with Article 36 paragraph 1 of the Charter of fundamental rights are analyzed in the second chapter. Findings of this analysis are used to demonstrate the purpose for which the right to a lawful judge was included in the Charter of fundamental rights as well as the implications for independence of the judiciary and procedural rights of parties to the proceedings. Origin of the right to a lawful judge is subsequently explained by a short recourse in chapter three which deals with several historical periods which are most often linked to the necessity of the right to a lawful judge. A deeper analysis of...
The scope of the powers and staus of the SAO
Votápková, Michaela ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
Theses focuses on the status and powers of the Supreme Audit Office of the Czech Republic. The topics of the audits, done by SAO, have been described primarily in the framework of topics, describing audits done by state authorities. Scope of audits done by the Office one of them. Submitted work deals just with auditing competencies of the SAO and describes it from the theoretical point of view. Substantial space is dedicated to the case law, especially of the Constitutional court. Such case law has been important for defining of organizations, subjected to audit activities SAO. The aim of the thesis is to investigate the status of the Supreme Audit Office as independent authority sui generis, his powers and scope of his activities. The text is divided into individual chapters, with expanded analysis. The goal is to provide readers with detailed information on mentioned topics. Introductory chapters deal with history of audit organizations, preceding constitution of SAO. Further chapters are dedicated to constitutional anchorage of the SAO, its relations to other constitutional authorities and to attributes of the Office's independence. Attention is paid to the actual exercise of auditing powers of the SAO and its comparison with audit activities of other state authorities. Special part describes in...
The Role of Constitutional Organs in Ensuring the State Security
Dienstbier, Jakub ; Kudrna, Jan (advisor) ; Hřebejk, Jiří (referee)
1 The Role of Constitutional Organs in Ensuring the State Security Abstract This diploma thesis deals with question, what role are constitutional organs, such as President of the Republic, Government, Parliament and Security Council of the State, playing in the security system of the Czech Republic. For this purpose, the thesis shows the constitutional system of the Czech Republic on the example of position of President of the Republic. Main part of the thesis is based on analysis of President's status as Commander in Chief of armed forces because of the lack of complex attention of Czech constitutional doctrine. According to that, the thesis describes Czechoslovak constitutional development in the first place and compares it with present legal framework. The thesis uses all methods of legal interpretation from the constitutional point of view as well as knowledges of other academic disciplines and interprets the constitutional terms "armed forces" and "Commander in Chief". This interpretation is followed by the criticism of statutory regulation and assess the content of Commander in Chief`s authority. The thesis express other presidential activities with security dimension, too. The thesis especially justifies presidential rights and competencies in connection with intelligence agencies. In other part, the...
Constitutional framework and position of the Public Prosecutor's Office as institution representing public prosecution
Habily, Yannick ; Hřebejk, Jiří (advisor) ; Mlsna, Petr (referee)
The goal of this thesis is to provide comprehensive analysis of constitutional framework and position of the Public prosecution. By term constitutional framework of the Public prosecution. I understand its definition and subsumption under the Constitution of the Czech Republic. By position of the Public prosecution I understand its degree of autonomy and its position within the system of public administration bodies including its relations with them. In relation to the goal of this thesis I also deal with the historical development of public prosecution and consideration over the possible amendments of its framework. The public prosecution service is a system of state offices which represent the state in protecting public interest. The constitution entrusts the Public prosecution office with the task of representing public prosecution in penal proceedings. And that is what makes the Public Prosecution office unique and irreplaceable institution, which together with the courts takes part in the exercise of penal justice and shall be therefore considered as necessary institution for the state governed by the rule of law. The thesis is divided into six main chapters except for its introduction and final part. The first chapter provides the overview of historical development of public prosecution with...
Constitutionality of Reappointment of Presidents and Vicepresidents of Courts
Derka, Viktor ; Hřebejk, Jiří (referee)
218 Constitutionality of Reappointment of Presidents and Vice- Presidents of Courts Abstract This diploma thesis deals with the interdisciplinary topics of administrative and constitutional law, especially with questions of re-appointment of presidents and vice-presidents of courts in connection with time-limited periods of office. The main hypothesis considered in the context of the given topic is the unconstitutionality of the current administrative practice associated with repeated appointment as well as time-limited periods of office. The current practice of empowering the judges by performing the individual tasks of the judicial administration under the Act on Courts and Judges also constitutes deficit in the rule of law. This is quite unfortunate in the case of the judiciary, especially in the sense that the Ministry of Justice is not very active in its supervisory role. Therefore, the secondary purpose of this work is also to offer alternative, more efficient models of the current bureaucratic judicial administration. For this purpose, the thesis is based not only on theoretical legal aspects represented by primary sources in the form of laws, other regulations and jurisprudence, together with secondary sources in the form of expert articles and other publications, but also based on its own analysis...
Constitutional transformation and dissolution of the Czechoslovak Federation after November 1989
Janeček, Viktor ; Gronský, Ján (advisor) ; Hřebejk, Jiří (referee)
Diploma thesis "Constitutional transformation and dissolution of Czechoslovak Federation after November 1989" is focused on legislative reflection of political changes in a federation in which one of the two nations' state-law ambitions have never been sufficiently fulfilled. This situation resulted into the dissolution of the federation that happened as an outcome of political negotiations of either republic's political representations that have endeavored to proceed with as legal means as possible, however mostly created ad hoc. The aim of this thesis is to describe these legal means of legal dissolution of a state since their political formulation, through their origination until their final acceptance. First part of this diploma thesis describes the origination of Czechoslovak Federation in 1968, interruption of the federalization processes in the times of so-called normalizations and continuance of this process after the changes in 1989 including drafts of a communist constitution and an opposition constitution towards the end of this year. Second part of this diploma thesis describes transformation of the Czechoslovak Federation as it happened in the first year after the Velvet revolution. This part also includes disquisition about integrating elements of a federative state as well as it is...
The Court System of the Czech Republic
Hercíková, Monika Rita ; Hřebejk, Jiří (advisor) ; Janstová, Kateřina (referee)
The topic of this dissertation focuses on the arrangement of the court system in the Czech Republic. The aim of the thesis is to present a basic, comprehensive view of the organisation of the system of courts, elaborated with a closer analysis relating to the personnel composition and overall functioning of the individual courts. The introductory section of the thesis deals with the historical development of the judicial system within the territory of today's Czech Republic, in particular the organisation of the court system during the period of the First Czechoslovak Republic (1918-1938). The court system of the First Republic followed on to a large extent from the legal arrangement of the Austro-Hungarian judicial system, on the basis of the adoption of the Reception Act no. 11/1918 Coll. A gradual unification took place regarding the different arrangement of the court organisations in the Czech lands and in Slovakia. The court system of the First Republic was distinguished by a high degree of specialisation, the courts were divided into regular, specialised and arbitration courts. The system of general courts is formed by district, regional and high courts, the Supreme Court and the Supreme Administrative Court. The thesis also includes a description of the functioning of judicial councils, the...

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