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Participation of the Executive and Legislative on War Powers After 9/11
Doskočil, Jan ; Hornát, Jan (advisor) ; Kozák, Kryštof (referee)
The subject of this thesis is a resolution titled "Authorization for Use of Military Force Against Terrorists" and its importance regarding the matter of war power of the President of the United States. This resolution was proposed by the President George W. Bush immediately after the terrorist attacks of 9/11, and Congress passed it with haste. It vested broad war powers in the President to the war on terrorism without the necessity of consulting Congress. This thesis' aim is to evaluate the importance of this resolution in the ever-evolving discussion about the participation of the executive and legislative branches on war powers. The thesis also analyzes the legality and legitimacy of the resolution according to the Constitution and the Founding Fathers' intentions while creating it. This thesis addresses these issues through analyzing diverse interpretations of the Constitution, statements made by the Framers of the Constitution, and through examination of the development of war powers in the second half of the 20th century.
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Judicial activism
Pumr, Jaromír ; Tryzna, Jan (advisor) ; Wintr, Jan (referee)
Judicial activism Abstract This thesis tries to complexly grasp the phenomenon of judicial activism. The key role for it and its analysis of judicial activism is the theory of separation of powers in the state, without its comprehension it is hardly possible to correctly assess. The first chapter thus focuses on the theoretical concept of separation of powers, its evolution and current standing. Takes a critical stand with present thinkers and suggests rethinking its approach to stress the theory's purpose instead. The second chapter analyses judiciary and judicial system from the functional and institutional approach. Offers its classical definitions yet describes many authors who criticize the affinity of judicial power's activity to the one of state administration. It tries to rebut those opinions with arguments of specific expertise of judges and of its legitimacy. In the third chapter the focus is on the judicial activism. It identifies large dispersion of its definitions therefore uses meta-analysis of Keenan Kmiec for its definition. Firstly, discusses the major change of judicial power in society during the last century and for this reason addresses those most important changes: hypertrophy of law and human rights, and shift of the main interpretational paradigms to natural law emphasis....
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Gun Culture of Switzerland and the United Kingdom: Significance of Possession or Ban on Small Firearms for Democracy and Safety
Bock, Jan ; Weiss, Tomáš (advisor) ; Váška, Jan (referee)
On the example of two developed democratic states, the United Kingdom and Switzerland, gun culture phenomenon is being studied which means the relationship of society and state towards small firearms, expectations and fears of guns, meaning of the right to obtain, possess and bear guns in a modern democratic society, power and safety aspects of gun culture in both countries. A high explanatory power on gun culture is encompassed in a quantitative indicator of the ratio of injury numbers caused by firearms per capita to the total number of firearms per capita. Britain radically restricted the right to gun with the aim to increase safety, however with not fully convincing results. Switzerland by contrast made this right a key element of its defense strategy, but facilitation effect of easy access to arms has its negative impacts too. From the qualitative perspective, civilians' right to guns can be seen as indicator of state's trust in its citizens, an indicator of distribution of power between citizens and the state. The unanswered question is how to determine an optimal level of gun regulation while preserving one of the key rights of a free individual, the right to defend his/her legitimate interests.
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Presidential systems
Křtěnová, Monika ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
The subject of this thesis is the presidential system as one of the distinguished alternatives of existing political systems in the present democratic society. This thesis is divided into three parts. The primary aim of the first part is to produce a brief overview of individual political systems and to outline their mutual differences through the description of their characteristics. The second part describes a specific political system in this world - namely the United States of America which became the source of inspiration for all subsequently established systems of this type. This part focusing on the United States is then divided into three separate chapters where each of them provides a view of particular branches of the government which form a constitutional system of the state together. These chapters offer not only the characteristics of these particular government branches and their central government bodies, but they also explain their mutual relationship and the control mechanism and particularly their relation to the President who is the key character of the entire presidential system, also his office and his powers. The main source of information, from which this part of the thesis proceeds, is the United States Constitution itself which is, as the supreme law of the state, the...
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Division of state authority ilustrated on the example of the Czech Republic and French Republic with the focus on the position of the head of the state
Chmelíková, Martina ; Stracený, Josef (advisor) ; Kubišová, Zuzana (referee)
1 Abstract: The division of state authority ilustrated on the example of the Czech Republic and French Republic with the focus on the position of the head of the state Key words: separation of state authority, constitutional laws, the legislative, the executive, the judiciary, the head of state, presidential system, parliamentary system Abstrackt: This thesis addresses the historical separation of state authority which is illustrated on the example of the Czech Republic and French Republic, especially on the position of the head of the state. The goal is to identify the identical and differing characteristics of the presidential status of both republics. The thesis is divided into three chapters and into a sub-chapters. The first chapter explains the development of the decomposition of the state authority from the first theoretical thoughts to the practical incorporation into the political system. The Second chapter describes in separate sub-chapters, the division of the state authority in Czech Republic and France. Third chapter is dedicated to the position, mandate, election and the competencies of the head of the state in both countries. Subsequently the gathered information is summarized in a sub-chapter, where the identical and differing characteristics of both presidential functions is discussed.
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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...
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Parliamentary systems
Brablecová, Martina ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
The topic of my thesis are parliamentary systems. For this topic I have decided mainly on the grounds that the Czech Republic ranks among countries with a parliamentary form of government, like most of European countries. The work is divided into seven chapters, which are subsequently divided into different subsections or other parts. At the beginning of my work I have engaged in the general concept of political systems. The view of this chapter is mainly to introduce readers to the topic and to acquaint them with the basic types of democratic political systems, which includes particular the parliamentary, presidential and semi-presidential systems. The second chapter is engaged in parliamentary systems and their basic definitions. This chapter contains the theoretical foundation for the whole work and especially introduces readers with the basic principles upon which these systems work. Among these principles is included especially the principle separation of powers which is not too strictly interpreted, the sovereignty of Parliament and the specific relationships between the executive and legislature. In the third chapter I have dealt with the relationships between the supreme constitutional organs, as well as their position in the constitutional system. This issue is very important, just as relations...
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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...
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The US Supreme Court, its, formation and first key decisions
Miřejovský, Jan ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
The US Supreme Court, its formation and first key decisions The thesis offers an insight of an era in which the Supreme Court of United States was founded and established itself as one of the major government institutions as well as a strong powerhouse of American politics. Essential for understanding of the future importance and role of the Court is to perceive not only its own early history but also an understanding of broader context concerning a development of the early American society as a whole. The thesis based on this implied layout consists of three main chapters. The first attempts to grasp a vast set of conditions which served, each to a different extent, as an inspirational background influence for the Founders in the creation of an American statehood. The natural rights philosophy, a product of the Age of Enlightenment, introduced by the work of John Locke set a foundation for American political thinking. The natural rights approach gloriously manifested itself in the Declaration of Independence (1776) and from then on runs as a red thin line throughout the entire legal history of United States. The Founders in the creation of a new American order amalgamated their knowledge of past human endeavors in various state systems and social structures into a constitutional based system of...
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The weakening of the independence of the judiciary and influence of the state administration on judicial decisions in the period of 1948 - 1953
Havel, Ladislav ; Jakubec, Ivan (advisor) ; Matula, Miloš (referee)
This thesis is focused on the performance of judicial power in Czechoslovakia in the period of 1948 -- 1953, that is characterized by almost unlimited influence of the ruling party, the Communist Party of Czechoslovakia, on the entire society. It was associated with a destruction of division of power in the state and with intentional limitations of the independence of judiciary. The aim of the work is to identify and analyse particular components of a specific mechanism that was introduced to enable to influence the judiciary decisions according to power and political interests of the Communist party of Czechoslovakia through administrative bodies, especially Ministry of Justice. For this purpose fundamental changes of the legislation, personnel and also organizational changes in the judiciary were carried out.
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