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Foreign Influences in Constitutional Law
Léko, Kristián ; Hofmannová, Helena (referee)
Kristián Léko: Foreign Influences in Constitutional Law Comparative method has become one of the main trends of contemporary law. Constitutional law is no exclusion. Foreign law is often used as an inspiration in drafting, amending and interpreting of modern constitutions in many states, as well as in the Czech Republic. This thesis illustrates this fact on practical examples and creates a theoretical basis in Czech, with stresses on history, taxonomy and methodology. The first two chapters analyse the history and importance of both general comparative law (Chapter 1) and comparative constitutional law (Chapter 2). Chapter 3 analyses some methodological aspects of comparative law and Chapter 4 shows several patterns, how, when and where can foreign law have influence on domestic legal systems. The last three chapters examine three situations of foreign influence - constitutional drafting (Chapter 5), constitutional amendments (Chapter 6) and constitutional interpretation (Chapter 7). In all these chapters, basic theoretical and comparative background is set and then Czech and Czechoslovak examples are being analysed. It is possible to sum up that Czech constitutional drafters, amenders and interpreters (constitutional judges) are all using foreign arguments in some degree. However, there is no common...
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Foreign Influences in Constitutional Law
Léko, Kristián ; Hofmannová, Helena (referee)
Kristián Léko: Foreign Influences in Constitutional Law Comparative method has become one of the main trends of contemporary law. Constitutional law is no exclusion. Foreign law is often used as an inspiration in drafting, amending and interpreting of modern constitutions in many states, as well as in the Czech Republic. This thesis illustrates this fact on practical examples and creates a theoretical basis in Czech, with stresses on history, taxonomy and methodology. The first two chapters analyse the history and importance of both general comparative law (Chapter 1) and comparative constitutional law (Chapter 2). Chapter 3 analyses some methodological aspects of comparative law and Chapter 4 shows several patterns, how, when and where can foreign law have influence on domestic legal systems. The last three chapters examine three situations of foreign influence - constitutional drafting (Chapter 5), constitutional amendments (Chapter 6) and constitutional interpretation (Chapter 7). In all these chapters, basic theoretical and comparative background is set and then Czech and Czechoslovak examples are being analysed. It is possible to sum up that Czech constitutional drafters, amenders and interpreters (constitutional judges) are all using foreign arguments in some degree. However, there is no common...
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Transformation of Austrian and Hungarian law during the First World War (1914 - 1918)
Láznička, Alois ; Kindl, Vladimír (advisor) ; Šouša, Jiří (referee)
Transformation of Austrian and Hungarian law during the First World War (1914 - 1918) Abstract The diploma thesis deals with the analysis of changes in Austrian and Hungarian law during the First World War with a focus on the Cisleithanian part of the monarchy. At the same time, it seeks to answer the question of whether the measures taken were proportionate to the circumstances of the war. Specifically, it examines changes in constitutional, administrative, criminal and civil law. Other branches of law are also mentioned in passing. The method is a comparison of the pre-war state with important legal norms adopted in case of war or in response to war developments. All this is complemented by a contemporary context with an emphasis on the history of the Czech lands. The thesis uses both primary sources, in the form of norms of Austro-Hungarian law, and secondary literature. In general, it can be stated that the changes adopted were pervasive, in all areas examined. However, the intensity and proportionality varied according to the specific legal sector. At the level of constitutional law, there was a de facto change in the form of the state from a constitutional monarchy to a military-administrative dictatorship, and some civil rights were suspended. The change in criminal and administrative law is...
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British constitutional system in the context of European Union law: past, present and future
Zapletal, Dalibor ; Gronský, Ján (advisor) ; Kindlová, Miluše (referee)
Constitutional system of the United Kingdom is seldom a theme of interest in domestic academic debates for it is usually considered as a part of Anglo-American juridical culture. According to the author of this master thesis, it is a pity, because the study and interpretation of the British constitutional system can enrich in some respects the current domestic doctrine. Master thesis has the ambition to describe British historical constitutional development, and particularly the current state of the British constitutional law and to emphasise its co-existence with the European law. The approach of the thesis is chronological. Thus, in introductory chapters there are indicated the juridical preconditions of Brexit from both the common law perspective and also the continental law perspective and there is also considered the actual constitutional case report. The last part analyses possible future juridical development. The thesis is focused on the description and the analysis of the withdrawal process of the United Kingdom from the European Union and it considers a variety of aspects of domestic law, international law and law of the European Union. Author makes an attempt to formulate a juridical predication which is based upon foreign literature and domestic and European juridical cases. Specifically, he...
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Comparative analysis of Czech and Spanish constitution with focus on differences caused by different organization of state and analysis of relevant legal terminology
ČECH, Stanislav
The aim of this bachelor thesis is a comparation of the constitutional adjustment of the territorial organization of the Czech Republic and the Kingdom of Spain. The whole thesis is divided into several chapters. The opening section is dedicated to the outline of the historical evolution of constitutionality of the both countries and to the brief definition of the terms of the state administration and the local administration. The main part of the thesis deals with the analysis of the territorial organization of the Czech Republic and Spain. The emphasis is put especially on the inner organization of the territorial units and their authority. This part is followed by the comparative analysis, in which the systems of both the countries are compared. The whole thesis is concluded with a short language analysis and a Spanish-Czech glossary of which formation is the secondary aim of this thesis. The résumé is written in Spanish.
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Constitutional Guarantees of the Right to Access to Education with Focus on Persons with Disabilities
Haiselová, Laura ; Hofmannová, Helena (advisor) ; Kindlová, Miluše (referee)
The topic of the thesis is constitutional guarantees of the right of persons with disabilities to education. Both physically and mentally disabled persons form a significant part of the society. However, they have not been considered a specific subject of human rights until the second half of the 20th century. At first, they were protected as a subject of social security and charity. Nowadays the regulation is focused on social inclusion of persons with disabilities. The most important international legal instrument in this field is the Convention on the Rights of Persons with Disabilities which was adopted by the United Nations in 2006. The right to education is a substantial human right and it arises from human dignity itself. Education is also a requisite for the execution of other rights and it is a key means for social inclusion of persons with disabilities. Disability can often be an obstacle or a reason for discrimination in access to education. Thus it is necessary to pay special attention to persons with disabilities in this field. The aim of the thesis is to name the main constitutional guarantees of the right of disabled persons to education. The source of these guarantees is the Charter of Fundamental Rights and Freedoms with regard to the Constitutional Court's practice. The thesis also...
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Foreign Influences in Constitutional Law
Léko, Kristián ; Kysela, Jan (advisor) ; Mlsna, Petr (referee)
Kristián Léko: Foreign Influences in Constitutional Law Comparative method has become one of the main trends of contemporary law. Constitutional law is no exclusion. Foreign law is often used as an inspiration in drafting, amending and interpreting of modern constitutions in many states, as well as in the Czech Republic. This thesis illustrates this fact on practical examples and creates a theoretical basis in Czech, with stresses on history, taxonomy and methodology. The first two chapters analyse the history and importance of both general comparative law (Chapter 1) and comparative constitutional law (Chapter 2). Chapter 3 analyses some methodological aspects of comparative law and Chapter 4 shows several patterns, how, when and where can foreign law have influence on domestic legal systems. The last three chapters examine three situations of foreign influence - constitutional drafting (Chapter 5), constitutional amendments (Chapter 6) and constitutional interpretation (Chapter 7). In all these chapters, basic theoretical and comparative background is set and then Czech and Czechoslovak examples are being analysed. It is possible to sum up that Czech constitutional drafters, amenders and interpreters (constitutional judges) are all using foreign arguments in some degree. However, there is no common...
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Unicameralism in the constitutional system of the Czech Republic?
Musil, Jiří ; Kysela, Jan (advisor) ; Antoš, Marek (referee)
The present Master's thesis seeks to analyze the constitutional system of the Czech Republic in the point of its bicameralism compared to the constitutional system of Hungary, the Republic of Poland and the Slovak Republic. The work's hypothesis assumes the bicameral parliament states are more successful than unicameral in their economic indicators. This assumption is based on the fact being a state of law where all activities must be in compliance with law which is given by a parliament and economy of the state is determinated by the quality of the rules. This paper does not use the mainstream way of constitutinal law or political science analysis as a main method but prefer the Law and Economics (LAE) and the first mentioned is used as corrective element only. GDP per capita is used becouse of its eligibility to be the most depictive economic indicator. Due to the lack of relevant data set World Bank statistics in US dollars of recent price level are used. The mentioned countries were chosen as the low rate of unobserved heterogenity states, decreasing the possibility of inexact analysis but these countries are different in the number of parliament houses and it permits to use Difference-in-differences method (DID). The used DID is very similar to the placebo response and it helps to distinguish...
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Unicameralism in the constitutional system of the Czech Republic?
Musil, Jiří ; Kysela, Jan (advisor) ; Antoš, Marek (referee)
The present Master's thesis seeks to analyze the constitutional system of the Czech Republic in the point of its bicameralism compared to the constitutional system of Hungary, the Republic of Poland and the Slovak Republic. There is a question of advantageousness of transformation into unicameral constitutional system of Czech Republic ceteris paribus. The work's hypothesis assumes the bicameral parliament states are more successful than unicameral in their economic indicators. This assumption is based on the fact being a state of law where all activities must be in compliance with law which is given by a parliament and economy of the state is determinated by the quality of the rules. This paper does not use the mainstream way of constitutinal law or political science analysis as a main method but prefer the Law and Economics (LAE) and the first mentioned is used as a part of work hypothesis only. GDP per capita is used becouse of its eligibility to be the most depictive economic indicator. Due to the lack of relevant data set World Bank statistics in US dollars of recent price level are used. The mentioned countries were chosen as the low rate of unobserved heterogenity states, decreasing the possibility of inexact analysis but these countries are different in the number of parliament houses and...
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