National Repository of Grey Literature 56 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Flaws of the legislative procedure and the legislation itself
Zámečníková, Marie ; Suchánek, Radovan (referee)
The dissertation called "Flaws of the legislative procedure and the legislation itself" aims to describe the main problems and flaws of the legislative procedure and the current condition of the legislature. It deals with the question of the cause of the current unintelligible and disorganized law. The paper analyses the situation in the Czech Republic, Germany and Austria. The thesis deals with four main questions. First, what kind of law the legislator should create. The question is answered by the description of the formal attributes of the law. Subsequently, it is put into question how the legislator should create such law. The duties of the legislator are described as those which were deduced by the German Federal Constitutional Court. In the chapter which deals with the question of how the legislator creates such law in reality, the particular safety measures and particular flaws of the legislative procedure are described. Finally, the last question analyses what kind of law is created by the legislator in reality, i. e. it deals with the problems of the current legislature which are specifically caused by the so called flood of laws. In conclusion, the thesis answers the question whether there is a connection between the particular flaws of the legislative procedure and the particular flaws...
The essential requirements for a democratic state in the Constitution of the Czech Republic
Žáček, Filip ; Suchánek, Radovan (advisor) ; Preuss, Ondřej (referee)
Essential Elements of a Democratic Rule of Law in the Constitution of the Czech Republic Abstract This thesis aims at comprehensive examination of the way in which essential elements of a democratic rule of law are embedded in the laws of the Czech Republic, in particular the Constitution, effective from 1 January 1993, as their centrepoint. The author's key task has been to deal with the difference between constitutional standards of other countries and Czech laws, where the text of the Constitution does not expressly identify the legal institutions that in their unity form the material core of the Constitution. The thesis provides a theoretical definition of the individual components of a democratic rule of law in the light of modern jurisprudence findings. It also outlines procedures aiming at the identification of the individual institutions embedded in the substance of constitutional law that form the unchangeable parts of the Constitution. The state idea, which individualizes the generally applicable essentials of a democratic state governed by the rule of law for requirements of Czech legal system, is considered the cardinal bearer of the core of the essential elements. Its development is described since the 16th century until the present, while its continuity or discontinuity is examined. It is...
Judicial self-restraint in the judicature of the Constitutional Court of the Czech Republic
Skořepa, Petr ; Kindlová, Miluše (advisor) ; Suchánek, Radovan (referee)
Judicial self-restraint in the judicature of the Constitutional Court of the Czech Republic Abstract The thesis deals with the role of the judicial self-restraint in the judicature of the Constitutional Court of the Czech Republic. Besides the theoretical definitions is the pivotal part of the thesis practical section that is focused on the analysis of pre-selected decisions of the Constitutional Court with respect to the judicial self-restraint. The first chapter contains definition of the theory of separation of powers as basis for the judicial self-restraint and its subcategories. Part of this chapter is oriented at the judicial power itself, which is crucial for the thesis. The second chapter provides definitions of key concepts - principal of judicial self-restraint, priority of the constitutionally conformal interpretation, political question doctrine and judicial activism, as it is called. These concepts are defined from the points of view of the angloamerican legal system as well as czech legal system. In the second chapter are also stated possible factors that may lead to the judicial activism and to the judiciary state, as it is called. The chapter afterwards describes the judicial interpretation and application of law in the context of the judicial self-restraint and provides relevant historical...
Selected Questions of the Legal Regulations Concerning Political Parties in the CR and FRG
Chlantová, Anna-Marie ; Jirásková, Věra (advisor) ; Suchánek, Radovan (referee)
The content of the presented thesis is the introduction of selected institutes of the laws on political parties and their enactment in the Czech Republic and the Federal Republic of Germany. The thesis is divided into two chapters. The first addresses the fundamental questions of the legal regulations on political parties in both countries. The second deals with the funding of political parties. Because this is a comparative thesis, individual legal regulations are always introduced in the first two subchapters. The third subchapter compares the most significant institutes and their possible use in the Czech law is proposed. The main points of the first chapter are especially the process of political party creation, the comparison of anchored attributes of a democracy capable of defence in the laws and last but not least also the contemplation of the possible expansion of the addressees of the right to form and join political parties and political movements, pursuant to Article 20 par. 2 of the Charter of Fundamental Rights and Freedoms, also to foreigners staying in the Czech Republic for a long time. The second chapter of this thesis deals with the current topic that has been a part of political life since its beginning - the funding of political parties. Both compared countries have gone through...
Constitucional Court: Negative Legislator?
Večerka, Jiří ; Antoš, Marek (advisor) ; Suchánek, Radovan (referee)
Constitutional Court: Negative Legislator? Abstract This diploma thesis deals with the question whether the Constitutional Court of the Czech Republic can be considered as a mere negative legislator in connection with deciding on proposals for annulment of laws or their individual parts according to Art. 87 par. a) of the Constitution or whether the Constitutional Court departs from this position and how. The diploma thesis is divided into theoretical and practical part, while the author seeks to rely mainly on the actual decision-making practice of the Constitutional Court. In the theoretical part, the thesis deals with the concept of the negative legislator and its origin in the ideas of Hans Kelsen. Kelsen's concept of constitutional justice as a negative legislator is presented. In the following subchapters, the theoretical part is devoted to acquainting the reader with the decision-making of the Constitutional Court on petitions to annul laws or their individual parts. The thesis also describes the binding of judges in decision- making and their binding for other subjects. In the practical part, the thesis is divided into six individual chapters, each of which deals separately with one type of decisions that the Constitutional Court deviates from its position as a negative legislator. In each chapter...
Judicial Salaries as a Component of Judicial Independence?
Andraková, Karolína ; Antoš, Marek (advisor) ; Suchánek, Radovan (referee)
The aim of this work is to answer the question of whether the judge's remuneration represent a constitutional guarantee of judicial independence and thus whether they can have a real impact on the judges' decisions. In view of this, the thesis will first deal with the definition of the term "judicial independence" and its possible categorizations. Subsequently, the diploma thesis will focus on Czech legal regulation of judicial remuneration and documentation from important international institutions. The focus of this thesis will be devoted to the analysis of Act No. 236/1995 Sb., o platu a dalších náležitostech spojených s výkonem funkce představitelů státní moci a některých státních orgánů a soudců a poslanců Evropského parlamentu, ve znění pozdějších předpisů (about salary and other elements associated with the performance of State representatives, bodies, judges and members of the European Parliament duties). Specifically looking at case law from the Constitutional Court on the issue of judge's remuneration, in particular with regard to the method of calculating judges' salaries and restrictive interventions in the judiciary, including the removal of additional salaries, the freezing of salaries and changes in the statistical index. The aim of this chapter will be to find out, in particular,...
Constitutionality of Reappointment of Presidents and Vicepresidents of Courts
Derka, Viktor ; Janstová, Kateřina (advisor) ; Suchánek, Radovan (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...
The Senate and its position in the constitutional system of the Czech Republic - history, comparison, present
Roztočil, Martin ; Hřebejk, Jiří (advisor) ; Suchánek, Radovan (referee)
This thesis is devoted to the second parliamentary chamber - the Senate. It describes bicameralism in the world and the Senate's position in the history of Czechoslovakia, or the Czech state and enshrined in the constitutional system. Trying to approach the constitutional system of the Czech Republic, which defines the Senate in the Constitution of the Czech Republic as part of the bodies of legislative, defines the position of the chamber relative to the Chamber of Deputies, the President of the Republic, the Government and the Constitutional Court and is it discussed as well as the Senate's position de de lege lata and ferenda constitutione in the Constitution of the Czech Republic.
Intertemporal effects of derogational decisions of the Constitutional Court
Askari, Daniel ; Gerloch, Aleš (advisor) ; Suchánek, Radovan (referee)
The thesis deals with temporal effects of decisions of the Constitutional Court, by which a statute is repealed due to its unconcstitutionality. Since the relevant provisions are not sufficiently comprehensive, various problems and doubts arise in legal reality. The thesis summarizes the relevant theoretical premises, which should allow for finding answers to questions related to the topic of the thesis. The relevant case-law is also summerized and subjected to partial criticism. The paper also deals with specifics of criminal law and civil law, including horizontal effect. It also specifically addresses the issue concrete constitutional review a and the phenonmenon of so called resurrection of law when a derogational statute is derogated.
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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