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Prerogative and Brexit
Jelínek, Filip ; Kysela, Jan (advisor) ; Wintr, Jan (referee)
The thesis deals with prerogative powers and their role in the withdrawal of the United Kingdom from the European Union. It explains the meaning of the prerogative, shows how British courts employed it in Miller I and Miller II decisions, and outlines their effects on it. The first part of the thesis explains the concept of prerogative. Firstly, it analyses concept's theoretical background in early modern constitutional thought and its conceptualization in the work of John Locke. Secondly, it explains the role of royal prerogative after the Glorious Revolution, as described by William Blackstone and Albert Venn Dicey, and its current position in the constitutional system of the United Kingdom. Furthermore, it introduces a general distinction between two conceptions of prerogative powers - the political (non-legal) one and the legal one - and outlines the relationship between the British royal prerogative, law, Parliament, and courts. The second part of the thesis deals with a case study of judicial decisions pertaining to the process of withdrawal of the United Kingdom from the European Union. Specifically, the Miller I case, which addressed the existence of prerogative power to notify the intent to withdraw from the European Union (under Article 50 TEU), and the Miller II case concerning the...
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Judicial Review of Executive Orders
Slezáková, Monika ; Kudrna, Jan (referee)
The topic of the diploma thesis is the judicial review of executive orders. The thesis begins with the first chapter dedicated to executive lawmaking with a focus on the separation of powers context. The second chapter then describes executive orders as legal acts, paying attention to the specifics of their binding force, usage and issuance procedure. The third chapter delves into the judicial review of these acts, first delineating the authority for review and specifics of jurisdiction, followed by analyzing the context of review of executive orders, ultimately formulating a guideline to follow when determining the validity of executive orders. The final chapter applies this guideline and all the foregoing information to chosen cases which are analyzed. Key Words: Executive orders, executive lawmaking, separation of powers, judicial review, authority, case or controversy doctrine
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Contemporary Critique of Juristocracy
Píša, Radek ; Kysela, Jan (advisor) ; Reschová, Jana (referee) ; Holländer, Pavol (referee)
(Contemporary Critique of Juristocracy) This theses deals with a comparative research of judiciaries of the United States, Israel and the Czech Republic. Consequently, it reaches a conclusion that all of these countries are undergoing a substantive political crisis, which leads to unhealthy empowerment of a judiciary system. The judiciary in abovementioned countries is moreover incapable of meeting challenges connected to the legislative deferrals, since the courts are unable to disconnects themselves from a social reality. The countries selected for the study was chosen in order to achieve as diverse sample as possible. That should lead to universally applicable outcome. Besides this empirical line of research, there is a deeper normative line attached. I believe it is vital to foresee a future political arrangement in a positive manner, even though there is a substantial risk of authoritarian regime's emergence during this transition. Still, the worst thing we can do is to kick a can of contemporary political imagination down the road forever. That prevents progress, but it also highlights another threat of authoritarian regime in name of protecting "freedom" against democracy or "democracy" against freedom. Regarding the content of the thesis, I pursue an abovementioned idea about highly...
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The Enforcement of EU Competition Law and Its Compliance with The Right to Fair Trial
Bartoš, Vojtěch ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
The Enforcement of EU Competition Law and Its Compliance with the Right to Fair Trial - the Abstract: The EU is a community based on common values among which the prime role is played by fundamental rights. One of the most important rights which serves also as a vehicle for the protection of other rights is the right to fair trial. That is valid also for the specific field of EU competition law. The European Commission issues in competition proceedings sanctions which are of criminal nature. Such sanction must be either imposed or at least reviewed by an independent court or tribunal with a full jurisdiction. This is a doctrine developed by the ECtHR in Strasbourg under art. 6 of the Convention and it has been well established in its case law for decades. Since the Commission itself is not an independent court or tribunal, its decisions must be reviewed by the ECJ which must exercise the full jurisdiction over the decisions in question. In the past the ECJ was criticised that it did not possess or exercise the full jurisdiction by which it failed to safeguard the standard of fair trial. Although the ECJ accepted the line of case law on criminal nature of Commission's decisions, at times it was indeed rather hesitant to review fully the parts of the decision where the Commission assessed the factual...
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Abstract The public administration itself is bound by applicable legal provisions. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strict legal procedure with corresponding legal mechanisms, which aim to remedy the status caused by unlawful action or inaction of the public administration. The object of this dissertation focuses, in particular, on analysis of individual means of protection of rights in public administration (i.e. the issue of the protection of public subjective rights) and their mutual relationships between them at level of legal regulation de lege lata. However, certain space had to be dedicated also to the procedures of public administration in matters related to private subjective rights as even the public administration decides on certain matters of private law. As regards the protection of private rights by public administration I mentioned the dualism of the review of decisions of public bodies and certain examples of public administration deciding on matters of private subjective rights. Further I stressed the issue of civil liability related to the conduct of public administration, i.e. liability for damages caused by unlawful decision and unlawful procedure. Pursuant to the act on liability for...
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The procedures of public administration in the area of state aid
Koutná, Martina ; Kopecký, Martin (advisor) ; Pomahač, Richard (referee)
Thesis on the topic: The procedures of public administration in the area of state aid Author: Martina Koutná The main aim of this thesis on the topic "The procedures of public administration in the area of state aid" is to analyze the issue of investment incentives in the Czech Republic from the perspective of the state aid rules and the reasons for this regulation. The main attention is paid to the system of investment incentives based on Act on Investment Incentives in the context of the general problems of state aid. The work focuses on the application of the Administrative Code on the investment incentives and analyzes the process of public administration in providing subsidies on the basis of budget rules. The aim is to analyze the diametrically different approaches and to point out key differences. In particular, that the Administrative Code is applicable to the process of providing investment incentives and the process is subject to judicial review. While in the case of subsidies, on the basis of budget rules, neither administrative procedure nor judicial review is possible. In connection with the provision of subsidies " anti-corruption amendment" to the budget rules is critically assessed and the author refers attention to its unconstitutionality. Among other things, the thesis points out...
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The sovereignty of Parliament: its substance, development and consequences for the judicial review of rule-making
Píša, Radek ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
My thesis deals with the legal concept of sovereign Parliament, the very keystone of British constitution according to A. V. Dicey. This model has been challenged both normatively and descriptively. Concerning the normative point of view, concept of unlimited sovereignty is incoherent. Descriptively, courts don't simply take the parliamentary supremacy for granted, even if they say so. Relationship between the Parliament and courts is certainly more complex than Dicey suggested. Goals of this thesis are rather tentative. Since the popularity of this topic among British constitutional lawyers, comprehensive analysis is implausible due to the limited space. This paper aims to gather fundamental theories and disputes regarding the parliamentary sovereignty and its relationship with courts. In other words, it explores connection between the Parliament and courts in contemporary British constitution. First chapter analyses the constitutional conventions, which forms the basics of several other fundamental concepts in UK constitution. It suggests that there are no clear boundaries between law and conventions. Second chapter focuses on the general concept of sovereignty and Diceyan classic theory of Parliamentary sovereignty. There is also a brief explanation of sovereignty's connection to Scot's law....
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Judicial review of administrative decisions in the area of television and radio broadcasting
Vojtěch, Adam ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
55 Abstract - Judicial Review of Administrative Decisions in the Area of Television and Radio Broadcasting The aim of the thesis is firstly analyzing the system of radio and television broadcasting in the Czech Republic and the legal environment in which this system exists. In the beginning the thesis describes historical development of broadcasting in our country since monopoly state broadcasting system to the present dual system, which enables private subjects to run their own broadcasting. Furthermore, the thesis analyzes the role of the Czech Broadcasting Council as a central administrative body in the scope of media market. The Council grants broadcasting licences and registrations but primarily supervises whether broadcasters fulfil their duties established in the Broadcasting Act. In case they do not, the Council releases an administrative decision and may impose sanctions against broadcasters. The crucial part of this thesis deals with judicial review of the above mentioned administrative decisions. It describes legal regulation of the judicial review and deals with basic questions regarding the content of broadcasting. Firstly, it aims at judicial decisions regarding the legal requirement to present objective, impartial and unbiased information under section 31 of the Broadcasting Act. Moreover, it...
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