|
|
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...
|
|
|
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...
|
|
|
Constitutional definition of the mechanisms of control of territorial self-governing units
Dušek, Libor ; Antoš, Marek (advisor) ; Suchánek, Radovan (referee)
The aim is to answer the question of whether effective control mechanisms exist in the Czech Republic which would guarantee the fulfilment of legal regulations by municipalities and regional authorities dealing with public property. It is also my aim to explore whether such control mechanisms result from the constitutionally guaranteed rights to local government and, if they do, to what extent they may be incorporated in the Czech legislation. My diploma thesis is based on specific case studies, the case law of general courts and the current jurisprudence of the Czech Constitutional Court. After the description of the current state of affairs in the Czech Republic, I further focus on the definition of the control mechanisms of local governments in Czechoslovakia between the two world wars (1918 - 1938) and partly also during the Austro-Hungarian Empire. This diversion leading to this era has been selected to reflect the efforts to resume the local government traditions in the context of the renewal of the local government scheme in the Czech Republic after 1989. It is proven towards the end of the historical survey that unlike today, there were effective control mechanisms available before World War II, with several alternatives. The thesis also compares the legal regulations beyond the control...
|
|
|
Spanish Model of Asymmetric Regionalism: An Analysis
Bernas, Vlastimil ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
Diplomová práce Analýza španělského modelu asymetrického regionalismu ~ 1 ~ Summary The masterʼs degree thesis "Spanish Model of Asymmetric Regionalism: An Analysis" deals with the concept of political-administrative division of a state, which has been typical of the Kingdom of Spain. The masterʼs degree thesis aims to profoundly analyze all the substantial aspects of this unique type of inner arrangement of a state, namely in broader (above all in legal, in historical and in political) relations. When elaborating on the topic I drew on Czech and English monographic literature (this applies both to the theoretical and to the historical part of the thesis) and on topical wordings of Spanish legal regulations; I also made use of various sources, as e.g. of professional articles online, of relevant judicial decisions, or of notes I made in Spain at lectures on Spanish constitutional law. The thesis consists of three chapters which are further divided into subchapters. In the initial theoretical chapter attention is paid to the typology of states according to their inner arrangement. The concepts such as confederation, federation, unitary state or regional state are explained here. The second chapter provides the overview of historical development of Spain (or, more exactly, of Iberian Peninsula) from the first...
|
|
| |
|
|
Rightist extremism and radicalism in the Czech Republic - constitutional law aspekts
Klimešová, Kateřina ; Hofmannová, Helena (advisor) ; Janstová, Kateřina (referee)
1 Rightlist extremism and radicalism in the Czech Republic constitutional law aspects Keywords Rightlist extremism, radicalism, constitutional law, human dignity, democracy, neonazists Abstract The subject of this thesis is description of activities of selected Czechoslovak and Czech political parties and movements with elements of right-wing extremism since the establishment of Czechoslovakia until 1945 and from 1989 to the present. More over I analyze the possibility of intrusion of democratic stability by activities of these subjects and examine legal instruments held by the society, to defend democracy. Reading my work, the reader should have complete view on this issue and clear comparison of right-wing extremism and its consequences in the past and present. Source of my work is the constitutional order of the Czech Republic, in particular the Czech Constitution and the Charter of Fundamental Rights and Freedoms, laws and jurisprudence. A valuable source was also historical and legal literature, manuals and guidelines of the public administration. Describing of some right-wing extremist entities, I have used their own publishing activities, primarily Internet resources. The work is divided into two parts, of which the first mainly deals with the history of right-wing extremism in Czechoslovakia and the...
|
|
|
Does judicial activism endanger the constitutional order of the CR?
Bartonička, Jan ; Hřebejk, Jiří (advisor) ; Hofmannová, Helena (referee)
It is often accentuated - not only by legal scholars, but also by political scientists - that law, politics, and society in the modern West have been marked by the increasing power of the judge. Therefore in my thesis I have decided to describe the current problems in the constitutional judiciary, including the issue of the so-called goverment of judges (or judicial tyranny) and the role of constitutional courts and judges in modern society. Needless to say, my work is based on extensive use of the fundamental book "Constitutional Courts and Democratic Values: A European Perspective" written by Victor Ferreres Comella, which provides the most detailed analytic description of the centralized model of constitutional review currently available. My thesis consists of an introduction, four chapters and a final conclusion. In the first chapter, the history of Czechoslovak and Czech constitutional judiciary is described from the beginning in the 1920s to the birth of the Czech Republic in the 1990s. In the second part of my thesis, the models of constitutional judiciary in contemporary world in brief are dealt with. French, American and German model are characterized and the specific way in which they function is investigated. In the third chapter I focus on the so-called problem of judical republic,...
|
|
|
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.
|
|
|
The Protectorate Government in the administration system of the Protectorate of Bohemia and Moravia
Stárková, Magda ; Gronský, Ján (advisor) ; Maršálek, Pavel (referee)
This State Doctoral work is focused on the era of the so-called Protectorate of Bohemia and Moravia, operational during the period March 16, 1939 to May 5, 1945. Concretely, it is aimed at describing and analyzing the structure of the public administration of the Protectorate of Bohemia and Moravia with emphasis on the position of the Protectorate Government as the most important component of the autonomous protectorate administration. The work is, above all, devoted to the organization and scope of powers of the Protectorate Government, and defines its position toward the main parts of the German occupation administration, both in light of the legal regulation and the factual situation. Furthermore, the work observes in detail the function of the Protectorate Government, especially its legislation activity in the most important fields of economic, social and public life or in "the solving of the Jewish problem". This work also outlines the personal occupation of the Protectorate Government and its changes, and differentiates between particular Protectorate Governments, as well as between particular members of these Protectorate Governments in their attitude toward the Nazi occupation power on one hand, and toward the Czech national resistance on the other. Particular attention has been paid to the...
|
|
|
Federalization of Czechoslovakia in 1968 and its reflection in Czech and Slovak daily press
Jozífek, Radek ; Bednařík, Petr (advisor) ; Benda, Josef (referee)
Thesis "Federalization of Czechoslovakia in 1968 and its reflection in Czech and Slovak daily press" deals with the way selected Czech and Slovak newspapers reflected preparations and enactment of "Czechoslovak federation Act". Thesis is composed of four parts. The first describes history and evolution of relations between Czechs and Slovaks: foundation of their common state, creation of separate Slovak state, reconstruction of the republic after Second World War and later events. It explains why federalization was so important topic for Slovaks in 1968. The second part explores the situation of media in Czechoslovakia in 1968, when the censorship was banned during liberalization process of "Prague Spring". However, this process was cut off by the invasion of members of Warsaw Pact to the country. The third part is concerned with "Czechoslovak federation Act" itself, frames this important amendment of "Socialist" constitution from 1960 in Czech constitutional history. The fourth part reviews the way how Czech (Rudé právo, Svobodné slovo, Lidová demokracie) and Slovak newspapers (Pravda, Hlas ľudu, Smer) reflected federalization in selected time periods of 1968 and 1969.
|
guest ::
