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The doctrine of substantial core of the constitution of the Slovak Republic in the light of rulling Pl. ÚS 21/2014 issued by the Constitutional Court of the Slovak Republic
Jambor, Dominik ; Preuss, Ondřej (advisor) ; Reschová, Jana (referee)
The Doctrine of Substantial Core of the Constitution of the Slovak Republic in the Light of Rulling Pl. ÚS 21/2014 Issued by the Constitutional Court of the Slovak Republic Abstract Presented paper is concerned with the question of substantive core of the Constitution of the Slovak Republic. The aim of the paper is to analyze the theory of substantive core of constitution in terms of doctrinal debate and of rulling PL. US 21/2014 issued by the Constitutional Court of the Slovak Republic. The author considers it as a crucial subject that is even more current in the light of the abovementioned rulling of Constitutional Court, which may be deemed as groundbreaking. Author of presented paper has focused on several questionable aspects of substantive core theory, analyzing its theoretical and practical development. The paper analyzes especially questions of justification of the existence of constitutional substantive core, its content and its protection, mainly provided by the Constitutional Court. Anylisis of the abovementioned rulling of the Constitutional Court and critical examination of some of its objectionable considerations may be considered as the crucial part of the presented paper. The paper includes comparative analysis of similar theories in constitutional systems of India, Colombia and United...
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Selection of Constitutional Justices in Czechia and Slovakia
Svoboda, Jiří ; Hřebejk, Jiří (referee)
Thesis focuses on institutional aspect of selection of constitutional judges in Czechia and in Slovakia, personal aspect of selection, i.e. identification of the groups of recruitment and requirements and qualities of the judges. Thesis also focuses on the process, i.e. procedural aspects within which the key authorities (presidents and parliaments) compare and choose individual candidates. Based on this analysis the student will identify strengths and weaknesses of both systems, which could lead to paralysis of court in question.
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Confidence in some institutions - July 2020
Červenka, Jan
In July 2020 within the regular survey, the Public Opinion Research Centre (CVVM) questioned respondents about their confidence in some institutions including the Ombudsman, the Constitutional Court, and the Supreme Audit Office. Trust prevails over distrust in case of all monitored institutions. 57% of Czechs trusted the Constitutional Court, 55% trusted the Supreme Audit Office and 53% trusted the Ombudsman. Compared to the last comparable survey in December 2019, confidence in the monitored institutions has not changed significantly.
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Does the Parliament Respect the Constitutional Court?
Staněk, Michal ; Syllová, Jindřiška (referee)
The key concern of the thesis is whether the Parliament has been respecting the Constitutional court. In order to answer this question, the theoretical part resolves the very existence of the Parliament's obligation to follow the Court and its decisions. The empirical part provides two points of view on the subject. First, the role of the Court and its decisions in parliamentary debates is being discussed. Second point analyses the reactions of the parliamentaries in response to Court's findings abolishing a law or its part during the VII. election period of the Chamber of Deputies.
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Confidence in some institutions - October and November 2019
Červenka, Jan
In October and November 2019 within the regular survey, the Public Opinion Research Centre (CVVM) questioned respondents about their confidence in some institutions including the Ombudsman, the Constitutional Court, the Supreme Audit Office, the Czech National Bank, the Office for Personal Data Protection, the Czech Academy of Sciences, public universities, the Supreme State Prosecutor, the Security information service (BIS), and the National Office for Information and Cyber Security (NÚKIB).
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Popularity of Top Politicians - October 2019
Červenka, Jan
In October 2019 the Public Opinion Researcch Centre investigated whether respondents trust to selected top politicians. They were given a list with 30 names of top politicians. In a survey there were included names of membres of government, president, chairmen of Senate and Chamber of Deputies, chairmen of parliamentary clubs of political parties in the Chamber of Deputies, chairman of Constitutional Court, governor of the Czech National Bank, and ombudsman.
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Constitucional Court: Negative Legislator?
Večerka, Jiří ; Antoš, Marek (advisor) ; Suchánek, Radovan (referee)
Constitutional Court: Negative Legislator? Abstract This diploma thesis deals with the question whether the Constitutional Court of the Czech Republic can be considered as a mere negative legislator in connection with deciding on proposals for annulment of laws or their individual parts according to Art. 87 par. a) of the Constitution or whether the Constitutional Court departs from this position and how. The diploma thesis is divided into theoretical and practical part, while the author seeks to rely mainly on the actual decision-making practice of the Constitutional Court. In the theoretical part, the thesis deals with the concept of the negative legislator and its origin in the ideas of Hans Kelsen. Kelsen's concept of constitutional justice as a negative legislator is presented. In the following subchapters, the theoretical part is devoted to acquainting the reader with the decision-making of the Constitutional Court on petitions to annul laws or their individual parts. The thesis also describes the binding of judges in decision- making and their binding for other subjects. In the practical part, the thesis is divided into six individual chapters, each of which deals separately with one type of decisions that the Constitutional Court deviates from its position as a negative legislator. In each chapter...
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Municipal by-laws
Stuchlík, Karel ; Vedral, Josef (advisor) ; Pítrová, Lenka (referee)
Generally binding ordinances of municipalities Abstract This thesis deals with generally binding ordinances of municipalities. Generally binding ordinances are legal regulation which issue municipalities in independent competence on the basis of Article 104 Paragraph 3 of the Constitution of the Czech Republic. It is necessary to distinguish them from decree of municipality issued in delegated competence according to Article 79 Paragraph 3 of Constitution. The approach to generally binding ordinances significantly influenced the Constitutional Court. The first chapter deals with constitutional and legal basics of local administration generally, also with territorial and personal basis and independent and delegated competence of municipalities. The second chapter analyses in more detail process of passing of generally binding ordinances and potential public involvement on this process, also content requirements and structure of generally binding ordinances. It deals also with announcement and record of legal regulation of municipalities and draws attention to planned colection of legal regulation of municipalities and regions. Part of the chapter is dedicated to role of Minstry of the Interior, which administers supervision of issue and content of generally binding ordinances, and to proceedings before the...
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Popularity of Top Politicians - January 2019
Červenka, Jan
In January 2019 the Public Opinion Researcch Centre investigated whether respondents trust to selected top politicians. They were given a list with 30 names of top politicians. In a survey there were included names of membres of government, president, chairmen of Senate and Chamber of Deputies, chairmen of parliamentary clubs of political parties in the Chamber of Deputies, chairman of Constitutional Court, governor of the Czech National Bank, and ombudsman.
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