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The position of the Supreme Court in the American political system and the significance of its decision-making for the political procedure in the USA.
Zástěra, Martin ; Pithart, Petr (advisor) ; Kysela, Jan (referee)
The thesis "Role of the U.S. Supreme Court in American system of government and the importance of Court's decisions for the political process in the United States of America" deals with the institutional role U.S. Supreme Court has in American system of government and puts emphasis on Court's decisions and their practical consequences on the politics in the United States. In history of the country the Court was an influential decision-making body on many occasions. Although shortly after the federation was established many intended to put the Court in position where weak powers given to it would not enable the institution to fully play its role of the guardian that keeps an eye on the constitutionality of adopted laws, at the beginning of the 19th century the Court found its place and became exactly what it was originally intended to be. Decision in Marbury v. Madison gained the Court the crucial power of judicial review. The power of judicial review completely changed the role of the institution that finally became the guardian of the Constitution. This thesis outlines the institutional position of the judicial branch and especially the position of the Supreme Court in American system of government. It also focuses on the political aspects of the nomination process of Supreme Court Justices and...
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Subsidies and Their Legislation
Hrabánek, František ; Marková, Hana (advisor) ; Boháč, Radim (referee)
of the thesis: The thesis deals with subsidies and their legislation. The author notably analyzes the legislation of the Czech Republic regarding the administration of subsidies. The legislation of subsidies is a subject of comparison with the case law of the higher courts of the Czech Republic, especially the Supreme Administrative Court. In the first part the author puts subsidies into a wider context and compares them with the State Aid based on the European Union legislation. The author also defines the concept related to subsidies which is repayable financial assistance. The author decided for detailed description of the State Aid with focus on definitional characters of the State Aid. The legislation of the repayable financial assistance is separately analyzed and compared to the legislation of subsidies. Consequently, the subsidy is defined as a legal concept which is the essence of the whole thesis. The thesis comprehensively defines the concept of subsidy, sets down the possible types of subsidies and determines the financial flow from which subsidies are provided. Individual statements and considerations are supported by the national and foreign literature or the case law national courts. The author further defines the concept subsidy relationship as the basic relationship between the...
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Reasoning of civil judgments
Palánová, Petra ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Reasoning of civil judgments Abstract This thesis deals with the reasoning of judgments issued in civil proceedings. Court judgment represents the key output of court in civil proceedings, because it is the goal of civil proceedings. However, not only the operative part of the decision, but also its reasoning, in which the court explains its reasoning to the parties and the superior courts, is essential. A statement without adequate reasoning is not reviewable and may also be a reason for considering arbitrariness in judicial decisions. Providing good reasoning is therefore an essential part of a fair trial and also an indispensable ability of a good judge. The aim of the thesis is to analyze the legal regulation of the reasoning of court decisions in terms of whether it provides sufficient guidance for drawing up a proper reasoning, and to identify the proper reasoning of court decisions with regard to the most often seen shortcomings in practice and how to avoid them. For this purpose the Czech legislation is placed in the context of the right to a fair trial and its individual aspects defined at the supranational and constitutional level. Opinions of professional public are taken into account and the related case law is evaluated. The thesis is drafted into five chapters, in the introductory chapter the...
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Tvorba metodiky hodnotenia dodavateľov vo výrobnom podniku
Kramárová, Mária
The diploma thesis deals with creating of methodology for selection of supplier and its evaluation. The basis for the creating of the methodology was the literature, which is in the first part of the thesis. In the second part is mentioned analysis of company and it´s purchasing processes and supplier evaluation processes. On this base was identified defeciences. At the end of thesis was created method to improve the process and simplify the purchase and evaluation process. It will bring objectivity for making decisions and eliminate inconsistency.
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JUDr. Emil Hácha - The fatal moments
Hnyková, Jana ; Svoboda, Cyril (advisor) ; Salvet, Ondřej (referee)
1. Abstract The fateful moments put the duty of decision-making process to the players. They can not make no decision. Even an escape from the decision is an act. The player does not decide only on himself but his decision has a general impact. Historical experience can demonstrate the fact that history subsequently evaluates the actorś decision as if the actor had virtually preserved all the theoretical possibilities of decision-making process. The future judgement is influenced by external circumstances which can not be fully reflected in the time of the decision itself. The crucial theme of the thesis is to demonstrate an ethical dilemma on a particular example. It was Hacha's signature in Berlin, March 1939 that put the fate of our country into the hands of The Empire. The work will scrutinize on the basis of social and political ethics aspects president Hacha's possibilities of other solutions choice. A part of the work will be a general moral evaluation of Hácha's political activity and post- war responses to his acting.
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The Enforceability of Decisions and Compliance with Judgments of the Inter-American Court of Human Rights
Mezenský, Martin ; Faix, Martin (referee)
The Enforceability of Decisions and Compliance with Judgments of the Inter- American Court of Human Rights (Mgr. Martin Mezenský) Abstract The diploma thesis explores the enforcement mechanisms and compliance with decisions of the Inter- American Court of Human Rights. It defines both normative and institutional base of the tribunal and discusses the types of issued decisions. It analyses the compliance process and means of enforcement of such decisions. It is focused on the success of and obstacles in the implementation of ordered obligations by the liable states as well as the binding nature of judgements against states which have not been a party of dispute. It compares the position of the Inter-American Court of Human Rights with the European Court of Human Rights regarding these topics. Eventually, it evaluates the researched processes and offers recommendations how to reinforce the actual mechanisms. Key words Inter-American Court of Human Rights; Enforceability; Compliance; Decision; Judgements; Human Rights Protection; American Convention on Human Rights
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Alcohol Advertising
Trkovská, Jana ; Vošahlíková, Pavla (advisor) ; Zezulková, Markéta (referee)
The thesis concerns itself with alcohol advertising. Alcohol is the most widespread habit-forming substance, yet its consumption is permitted in most countries all around the world, possibly restricted by the age of consumers only. Drinking alcohol cannot be either regulated or prohibited today. It has become commonplace for the majority of our lives. Being aware of its apparent risks, however, there is an effort to regulate at least alcohol advertising. The main objective of this work was to provide a comprehensive picture of alcohol advertising, with the focus on its regulation, concerning the legal regulation as well as the self-regulation. First, the thesis deals with advertising as such, its regulation in the course of time and how it has been regulated recently. The thesis further describes the adjustment of alcohol advertising, the legal amendment and its development, as well as the regulation through The Czech Advertising Standards Council and the development of this self- regulation. The next chapter focuses on the examination of alcohol advertising over the age. Based on the analysis of the advertising involvement of Pilsner Urquell, as the selected alcohol industry representative, it was found that advertising during the 20th century did not consider its legal, since it was very limited...
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Application of administrative proceedings in private and public nursery and primary schools
Lukešová, Iveta ; Kitzberger, Jindřich (advisor) ; Trojan, Václav (referee)
The thesis deals with the issue of administrative law in reflection of the new Education Act and court judgments in recent years, according to which the administrative procedure should apply in all schools and beyond complete list of cases referred to in the Education Act. The topic concerns the implementation of rights of children and students in public and private schools. Diploma thesis brings brief analysis of the development of public administration in education from 1990 to present with a focus on specific role of the school principal in the state administration. The thesis describes problematic areas in headmaster's decision about rights and duties of children and pupils especially in the application of Law no. 89/2012 Coll., the Civil code and the Law no. 258/2000 coll., on protection of public health and amending some related laws as subsequently amended. Diploma thesis provides a summary of the basic principles in the director's decision in state administration and headmaster's insight on the issue of administrative proceedings in nursery and primary schools.
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Subsidies and Their Legislation
Hrabánek, František ; Marková, Hana (advisor) ; Boháč, Radim (referee)
of the thesis: The thesis deals with subsidies and their legislation. The author notably analyzes the legislation of the Czech Republic regarding the administration of subsidies. The legislation of subsidies is a subject of comparison with the case law of the higher courts of the Czech Republic, especially the Supreme Administrative Court. In the first part the author puts subsidies into a wider context and compares them with the State Aid based on the European Union legislation. The author also defines the concept related to subsidies which is repayable financial assistance. The author decided for detailed description of the State Aid with focus on definitional characters of the State Aid. The legislation of the repayable financial assistance is separately analyzed and compared to the legislation of subsidies. Consequently, the subsidy is defined as a legal concept which is the essence of the whole thesis. The thesis comprehensively defines the concept of subsidy, sets down the possible types of subsidies and determines the financial flow from which subsidies are provided. Individual statements and considerations are supported by the national and foreign literature or the case law national courts. The author further defines the concept subsidy relationship as the basic relationship between the...
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