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International Criminal Court and immunity of the head of state
Sádlová, Martina ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee)
THE INTERNATIONAL CRIMINAL COURT AND THE HEAD OF THE STATE IMMUNITY The thesis deals with the institute of immunities of the head of the state recognized under the international law and with its applicability before the International Criminal Court (hereinafter referred to as "ICC"). The aim of this thesis is to analyze the conflict between two international legal rules which is the obligation to prosecute and punish perpetrators of crimes under the international law, irrespective of the status of the offender, and the exclusion of heads of the state from the criminal jurisdiction because of the immunity that protects its bearer. According to the Rome Statute (hereinafter referred to as "Statute") which established the ICC its contractual party is obliged to surrender any accused person to the Court even if this person enjoys immunity. However another provision of the Statute says that the request for this surrender could be refused by the party if it broke an obligation which this party has against the state whose national is the accused person. The first chapter outlines the formation and the functioning of the Court. Subsequently, the work deals with theoretical terms such as the head of state, the individual responsibility or the immunity. It provides with the types of immunities a person could enjoy...
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The direct election of the President of the CR
Vyšínová, Barbora ; Janstová, Kateřina (advisor) ; Kudrna, Jan (referee)
The theme of the Thesis "The Direct Election of the President of the Czech Republic" has been chosen by its author with regard to the currency of this topic. It could have been expected that during the formulation of this Thesis the adoption of the Implementing Act, as well as the very first direct presidential elections, is held. The aim of the Thesis is to provide the most comprehensive view of regulation of presidential election, to summarize theoretical basis, to analyse the legislative procedure and to try to suggest possible amendments. The Thesis is composed of five chapters. Chapter One introduces generally the term "Head of State" and defines the way of its election in different republics. In the Second Chapter, the author generally deals with the role and powers of the president according to the Constitution of the Czech Republic. The Third Chapter addresses the historical development of presidential election legislation. The Parliamentary election had a long historical tradition in our country, which is the reason why the author analyses the presidential elections in the various constitutions since 1918. The Fourth Chapter is divided into three parts and contains various proposals for constitutional laws establishing direct election. In the First Subchapter, there are suggestions of the...
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Direct election of the Head of State and its impact upon constitutional
Křikava, Vojtěch ; Kudrna, Jan (advisor) ; Janstová, Kateřina (referee)
The theme "Direct election of head of state and its influence on the constitutional relations" has been chosen by its author due to the continuing public debate about this topic in the Czech Republic. The second reason is the fact that despite the approaching end of tenure of the current head of the state it is still unclear how the successor will be chosen. This thesis examines the suitability or unsuitability of possible introduction of direct election of head of state in the Czech Republic and its possible form. The aim is, however, not to answer the question "Direct election yes or no?" but rather to professionally contribute to the society-wide debate on this issue and to rectify it. The introduction of the direct election itself, without further changes of the Constitution of the Czech Republic, would, according to the author's opinion, not be an entirely appropriate step. Author's aim was to bring complex material containing, if possible, all the aspects of the issue. Without a broader understanding of theoretical concepts, foreign examples, historical development, but also of the valid legislation regarding the election of the head of state as well as of its powers and duties, it is not possible to conduct the relevant discussion on possible constitutional changes in this sense. The thesis...
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The Head of State in the constitutional system of the Czech Republic: de iure and de facto
Gřešák, Martin ; Gronský, Ján (advisor) ; Hřebejk, Jiří (referee)
Diploma thesis "The Head of State in the constitutional system of the Czech Republic: de iure and de facto" discourses both provisions, which integrate the institution of the president of the republic in constitution, and the virtual implementation of this uppermost authority in the state. At the beginning, the thesis deals with the historical dimension of the issue. It speaks of the general development and history of the office in Czech lands. Hereupon a depiction of the theoretical extent of this office follows. A large verge is devoted to the placement and the powers of the president in the constitution. The pragmatic part of the thesis consists of two case studies. The first one deals with the presidency of Václav Havel. The second one deals with the execution of the office by Václav Klaus. An extra attention is paid to the analysis of the accordance between the theoretical and pragmatic pursuance of the office of president of the Czech Republic.
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The President of the Czech Republic
Herc, Tomáš ; Pavlíček, Václav (advisor) ; Jirásková, Věra (referee) ; Jičínský, Zdeněk (referee)
In terms of government structure, the constitutional system of the Czech Republic is based on the principles of the parliamentary form of government. That means executive powers are vested in the Government (Council of Ministers), which is accountable to the Parliament through the vote of confidence. The Head of State as a pouvoir neutre plays usually a representative and integrating role in this system. On the contrary the President lacks the political accountability and the Parliament (or another voting body) does not have any direct way of holding him accountable for his action. Except for high treason he also cannot be prosecuted for his actions during his term. The Government therefore usually influences the exercise of his powers by countersigning his acts or decisions. Nevertheless, the role of the Czech President within the constitutional system is not only ceremonial; through his powers he can also actively participate in the adoption of political decisions. He can even exercise some of his expressly granted powers not subject to approval of the Government or any other constitutional body. But is such extent of powers compatible with the fact of his non-accountability? The public debate about these issues has been arising repeatedly since the adoption of the Czech Constitution without...
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The Comparison of the Presidency in the Czech Republic, Germany and Austria.
Bednář, Martin ; Koubek, Jiří (advisor) ; Polášek, Martin (referee)
Annotation: In my Bachelor thesis I compare the roles of Presidents in the political systems of the Czech Republic, Austria and Germany. Despite that fact that all these neighbouring states are culturally linked and all account for parliamentary regimes, the heads of states in these countries carry out their functions in very different manners. The position of the Presidents are in my thesis examined with the help of the Tsebelis's theory of vetoplayers. The aim is to look into the fields of personal policy, foreign policy and legislative process and to ascertain, through the analysis of political and constitutional works, the exact role of the Presidents in these areas. Key words: president, head of state, The Czech Republic, Germany, Austria, constitutional competences, constitutional practice, personal policy, foreign policy, legislative process
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