|
|
Constitutional Regulation of the State of Exception in a Rechtsstaat
Kollert, Lukáš ; Kudrna, Jan (referee)
Název diplomové práce, abstrakt a klíčová slova v anglickém jazyce Title Constitutional Regulation of the State of Exception in a Rechtsstaat Abstract This treatise focuses on extraordinary reactive legal instruments designed for crises resolution, which include in particular the state of exception and also the right to resistance. The latter differs from the former in that it cannot be invoked by public authorities under a Rechtsstaat, but only by citizens who are subject to their authority. The aim of this treatise is to thoroughly examine the concepts of the state of exception and the right to resistance and their relation and to answer the question of whether the corresponding institutions should be regulated in positive law or otherwise recognized under a Rechtsstaat. In the chapter on the state of exception, I inquire into the concepts of crisis and state of exception, present various typologies of this institution, outline controversies, confusions and problems associated with it, present possible responses of public authorities to exceptional harmful situations and assess their advantages and drawbacks. Following the conclusion that the state of exception ought to be regulated in positive law, I ask the question of how it should be codified and propose a two-level regulation, which combines...
|
|
|
Constitutional Regulation of the State of Exception in a Rechtsstaat
Kollert, Lukáš ; Grinc, Jan (advisor) ; Reschová, Jana (referee)
Název diplomové práce, abstrakt a klíčová slova v anglickém jazyce Title Constitutional Regulation of the State of Exception in a Rechtsstaat Abstract This treatise focuses on extraordinary reactive legal instruments designed for crises resolution, which include in particular the state of exception and also the right to resistance. The latter differs from the former in that it cannot be invoked by public authorities under a Rechtsstaat, but only by citizens who are subject to their authority. The aim of this treatise is to thoroughly examine the concepts of the state of exception and the right to resistance and their relation and to answer the question of whether the corresponding institutions should be regulated in positive law or otherwise recognized under a Rechtsstaat. In the chapter on the state of exception, I inquire into the concepts of crisis and state of exception, present various typologies of this institution, outline controversies, confusions and problems associated with it, present possible responses of public authorities to exceptional harmful situations and assess their advantages and drawbacks. Following the conclusion that the state of exception ought to be regulated in positive law, I ask the question of how it should be codified and propose a two-level regulation, which combines...
|
|
|
"The Gypsy Scourge!" Creation and Implementation of Anti-Gypsy Measures in interwar Czechoslovakia and After, 1918-1941
Baloun, Pavel ; Himl, Pavel (advisor) ; Sadílková, Helena (referee) ; Zimmermann, Volker (referee)
On December 22, 1926, an opening ceremony of the so-called Gypsy school was held in Uzhhorod, the capital of the Czechoslovak administration in Carpathian Ruthenia. Czech officials who gave talks pointed out pedagogical significance of the established institution which they described as unique and exceptional "experiment". The creation of a special school for children of those inhabitants who were labelled as "Gypsies" on the territory which was annexed by Czechoslovakia only later after the First World War and which in the contemporary imagination represented specific, "backward" region of the newly established state, served to consolidate the legitimacy of the First Republic as a democratic, progressive, modern, liberal state which belonged to the developed and civilized West. More than a half year later, on July 14, 1927, representatives in the Czechoslovak Parliament in Prague passed the Act No. 117/1927 on Wandering Gypsies. The development of this law was related to an immense interest of the contemporary media in "Gypsies" which was encouraged by the arrest of approximately twenty "Gypsies" from a village located in East Slovakia. They were charged of numerous robberies and murders. In contrast to the situation shortly after the First World War when the central Czechoslovak authorities...
|
|
|
The Temptation of illiberal democracy in the postcommunist Europe
Ščeblykin, Kirill ; Pithart, Petr (advisor) ; Ondřejková, Jana (referee)
The temptation of illiberal democracy in the postcommunist Europe Abstract This thesis deals with the concept of illiberal democracy. In the first half it sums up the debate from which the concept arose. It describes the difference between liberalism and democracy and it also explains how these two concepts are interconnected. It describes the concept of defective democracies as conceived by Wolfgang Merkel. I also outline the constitutional aspects of the debate about illiberal democracy. In the second half the text applies Merkel's theoretical framework to analyse the cases of Poland and Hungary. The period of time, that was chosen, starts with the moment when parties Law and Justice and Fidesz gained majorities large enough for profound institutional changes. The period ends with activation of article 7 of the Treaty on European union. The text follows the structure of the Merkel's criteria. It analyses, how the voting rights and free access to power were preserved in both countries, if the political decisions are taken by elected representants, if there is a mutual control between the institutions and to what degree can the state power intervene into the private sphere of the citizens. I conclude that both Poland and Hungary could not be called liberal democracies in the period under review. The Polish...
|
|
|
Transparency in the State Administration as Protection of Legal Principles Illustrated by the Example of Using of Hedge Commands by the Financial Administration
Bajmaku, Violeta ; Kohoutek, Jan (advisor) ; Ochrana, František (referee)
The thesis explains the need for a high level of transparency in the state administration on a concrete example of administrative practice - using of hedge commands by the financial administration. For explanation, the hedge command is is the ultima ratio tool in the area of the tax administration. The topic was widely publicized and, in particular, the cases of liquidation effects of the hedge commands on some entrepreneurs and cases where the courts decided against financial administration. The mistrust that has arisen in using of this tool is considered a public-political problem in the text. The thesis examines the trustworthiness of the state institution in connection with the degree of transparency. It deals with the influence of the bureaucracy on the state administration, with the accountability of the state officials and with the concept of good governance, on which the need for transparency proves. The multiple case study in the empirical part of the thesis presents five selected critical cases of the use of the hedge command, when the courts decided in favor of the companies. A document analysis was used to describe the cases, especially court judgments, also news and reports. The expert survey then offers a view of experts on the given issue. The primary data was obtained through eight...
|
|
|
Democracy and state governed by law: harmony or conflict?
Jícha, Martin ; Ondřejková, Jana (advisor) ; Pithart, Petr (referee)
Democracy and state governed by law: harmony or conflict? Abstract The aim of this thesis is to define the concept of the state governed by law and the concept of democracy and to describe the relationship between them. The author of the thesis first reviewed literature defining the state governed by law and democracy and then compared different authors' concepts. These concepts are fundamentally different, therefore they cannot be included in a single definition. With regard to it, both concepts, democracy and the state governed by law, are divided into several subcategories: procedural and substantive democracy, legalistic, formal and material state governed by law. Conccurently, the author of this thesis considers the material state governed by law to be so distinctive that it is inappropriate to call it state governed by law. He chose the term constitutional liberalism for it. The relationship between democracy and the state governed by law is determined by concepts of democracy and concepts of the state governed by law, therefore this part of the thesis is also divided into chapters dealing with the relationship between the state governed by law and democracy, depending on how they are understood. The method is similar as in the first part of the thesis, so the author first researched literature and...
|
|
|
State governed by the rule of law and Democracy
Pelán, Marek ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
Democracy and a state governed by the rule of law The diploma thesis deals with the topics of democracy, the rule of law and their interaction. It is focused on both themes in the context of their historical development and other ideas that have influenced one or the other phenomenon. For this reason, the reader encounters primarily the issues of an ancient understanding of democracy, ideas of republicanism, liberalism, constitutionalism, or the Anglo-American concept of government. In this diploma paper, democracy and the rule of law are analyzed as concepts that have a general, i.e., global, meaning. Examples of elements typical of democracy and the rule of law are, however, the provisions of the Czech law. The aim of the diploma thesis is to point out the influence of historical experience on the development of ideas about democracy and the rule of law, and to emphasize the phenomena that are being studied, how they differ and how they interact. In conclusion, the historical development of both phenomena has led to a fundamental change in their understanding. Both terms are limiting and balancing each other. At present, democracy is seen as a universal value and, together with the modern concept of the rule of law, creates a liberal democratic system of governance. At the same time, however,...
|
|
|
The rule-making power of the European Commission
Lenfeld, Jiří ; Král, Richard (advisor) ; Svoboda, Pavel (referee) ; Svobodová, Magdaléna (referee)
The rule-making power of the European Commission, dissertation Mgr. Mgr. Jiří Lenfeld, M.A.; supervisor: doc. JUDr. Richard Král, Ph.D., LL.M. Charles University, Faculty of Law, Department of European Law Prague, March 2013 The aim of the dissertation is to analyse the role of the European Commission in the legislative process of the European Union with the focus on procedures for adoption of legally binding Union acts. The European Commission is one of the main institutions of the European Union. It represents and upholds the interests of the EU as a whole and manages the day-to-day business of implementing EU policies. However, to limit the role of the European Commission to that of an executive body would be misleading. Its role in the EU institutional system is much broader than that. The European Commission is the most important legislator among the EU institutions and is also empowered with an almost exclusive power to submit drafts of EU legal acts. The rule-making power of the European Commission could be seen from two different points of view. In a narrow sense of the word it could be seen as a power conferred on the European Commission by the Treaties to propose drafts and to adopt EU legal acts implementing legally binding Union acts. However, the exercise of the rule-making power may...
|
|
|
The concealed performance of public power and values protected by the constitutional order
Klaban, Vladimír ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
The aim of this diploma paper is to analyse and define the nature of secret exercise of public authority and to asses this phenomena in respect of the fundamental principles of the democratic rule of law. Any secrecy in exercising public authority is in fact a clear contradiction to a natural concept of the human rights and fundamental freedoms. Therefore the republic, as a public institution, should not have too many secrets to hide away from the people if its own principles are not to be completely disgraced. Secrecy in exercising public authority is a specific feature often related to the areas such as securing the sovereignity and territorial integrity of the Czech Republic, protecting its democratic foundations, protection of the lives and health of the population as well as the right to own the property. This is in full accordance with the constitutional duty of the state. Limited access to the information has a unique and 84 inevitable role in these areas and it is clearly mentioned in the Charter of Fundamental Rights and Freedoms, the European Convention of Human Rights and Freedoms and the International Covenant on Civil and Political Rights. The question of choice between the security and the liberty has been recently heavily discussed by the people as a natural follow up to the...
|
|
|
SROVNÁNÍ PRÁVNÍ ÚPRAVY LIDSKÝCH PRÁV V RÁMCI RADY EVROPY A EVROPSKÉ UNIE
Klavík, Jiří ; Mates, Pavel (advisor) ; Kuba, Jaroslav (referee)
První část diplomové práce bude věnována vymezení lidských práv včetně jejich klasifikace. Ve druhé části bude pojednáno o vývoji lidských práv a o současné úpravě těchto práv v rámci Organizace spojených národů, Rady Evropy a Evropské unie. Těžiště diplomové práce bude spočívat ve třetí části, ve které bude srovnávána úprava lidských práv v rámci Rady Evropy s katalogem lidských práv Evropské unie. Východiskem srovnání budou dva dokumenty Rady Evropy, a to Úmluva o ochraně lidských práv a základních svobod a Evropská sociální charta. Lidská práva obsažená v těchto dokumentech budou srovnávána zejména s lidskými právy zakotvenými v Chartě základních práv Evropské unie. Pro účely srovnání budou lidská práva rozdělena do tří skupin - na občanská a politická práva, sociální práva a ostatní práva. V poslední, čtvrté části, bude provedeno zhodnocení lidských práv v rámci Rady Evropy a Evrospké unie, a to včetně možné vymahatelnosti těchto práv.
|
guest ::
