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Immunity in criminal law
Halás, Mikuláš ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
Immunity in criminal law Abstract This thesis aims to offer the reader a view of the institution of parliamentary imunity as it relates to criminal law. This topic frequently divides both the experts in criminal law and also the general public. Despite the fact that most of the time this legal issue is talked about with respect to the constitutional law it has an impact on criminal law, both the substantive criminal law and the procedural criminal law. The complexity of this topic is self-evident and opinions vary greatly across the field, which is one of the reasons why this topic is sought out quite frequently by many students who approach it from various angles. The work is structured in a way to familiarise the reader with the necessary knowledge even if the reader is not an expert in law, but who is, for example, interested in the topic from a political perspective. The thesis covers the basic introduction to the topic, historical evolution of the institution including the legal transformations all the way up to the date this work has been finalised, squaring this institute with the basic principles of democratic state and a comparative analysis of this institute in other European countries. Important part of this thesis is dealing with specific uses of the parliamentary imunity. The conclusion of this...
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Deficits of contemporary law-making in the Czech Republic
Crha, Miroslav ; Ondřejek, Pavel (advisor) ; Wintr, Jan (referee)
The deficits of conteporary law-making in the Czech Republic Keywords: legislative process, Parliament, legisprudence Abstract: The thesis concerns contemporary law-making process in the Czech Republic in an effort to identify its weak spots, which can lead to low-quality laws being created and passed. Rating the quality of legislative process is considered by the author to be impossible without a proper philosophical and theoretical basis. Such basis is found in the theory of legisprudence, which was conceived by L. Wintgens. Legisprudence is a theory of rational law-making and it presents itself as an alternative to mainstream jurisprudence that is focused mainly on interpreting law. In accordance with legisprudence, the legitimacy of law is dependent on bringing positive outcomes compared to a situation of absence of law. Philosophically, legisprudence is based on social contract as a mandate for the lawmaker to pass laws that only minimally encroach on freedoms. Principles of legisprudence and the requirements on lawmakers that it formulates, are applied on specific parts of the law-making process in Czech Republic. Specifically, administrative procedure of legislative drafting, legislative technique, explanatory memoranda, regulatory impact assessment, and parliamentary procedure are examined. These...
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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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Parliamentary Elections in Latvia 2018
Hvězda, Jan ; Švec, Kamil (advisor) ; Brunclík, Miloš (referee)
This bachelor thesis is a case study of the thirteenth parliamentary election in Latvia that took place on October 6, 2018. The first chapter introduces the political and party system of Latvia and its development after the breakdown of the Soviet Union. At the same time, it observes the election results since 1993 until 2014. The following chapter introduces political parties that took part in 2018 parliamentary election. Three of them are introduced more closely. The text is concerned with their election programmes as well as political affairs. The next chapter is crucial for the study - it describes the long-lasting negotiations resulting in the establishment of the ruling coalition. The result is afterwards reflected by the theory of coalitions. The thesis will try to answer the question why the great coalition of five parties was formed instead of the minimal winning coalition.
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Legislative procedure as an instrument for promotion of the interests
Krudenc, Václav ; Shavit, Anna (advisor) ; Konrádová, Marcela (referee)
This bachelor thesis examines the legislative procedure in the Czech Republic for the purposes of lobbying. The theoretical part aims to acquaint the reader with the very concept of lobbying and its history and then systematically classify lobbying in terms of public affairs. The second part of the thesis is a thorough analysis of the current rules of procedure of both chambers of the Parliament of the Czech Republic and a description of the stages in which it is possible to enter into draft laws and amend them. This part describes the process of creation of laws from the legislative initiative through individual commenting procedures to negotiations in both chambers of parliament and the possibility of applying the presidential veto. The final part of the thesis deals with the historical genesis of the rules of procedure of both chambers of the Parliament of the Czech Republic. The main goal of this work is to present possible ways in which private interests can be enforced in the law-making process in the Czech Republic.
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Discussion of changes in the electoral system to the Senate of the Czech Republic
Fučík, Michal ; Brunclík, Miloš (advisor) ; Perottino, Michel (referee)
Discussion of changes in the electoral system to the Senate of the Czech Republic The diploma thesis deals with the discussion of changes in the electoral system for the Senate. The work reflects draft laws to change the electoral system in the Senate from the past, interviews with representatives of political parties represented in both chambers of the Parliament of the Czech Republic. Furthermore, interviews with experts in the field of constitutional law and political science. The various proposals were analyzed and their principle and effects explained. The last part formulates the overall outputs of political parties and movements, experts and the opinion of the author of the diploma thesis. Key words: Senate, electoral systems, political system, constitutional system, change of electoral system, majority electoral systems, Czech Republic, parliament.
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Legislative Behaviour of Deputies in the Czech Republic
Hájek, Lukáš ; Brunclík, Miloš (advisor) ; Kopeček, Lubomír (referee) ; Pink, Michal (referee)
Scrutiny of legislative behaviour of members of parliament (MPs) has a long tradition in Western Europe. Nonetheless, there has been a research gap in the Czech Republic. Thus, the dissertation thesis identifies the most burning and exciting questions and delivers the answers as a collection of to some extent separated but still interconnected studies. To be more specific, I employ quantitative methods of analysis. I deal with the data on all the members of the Chamber of Deputies of the Parliament of the Czech Republic who held the mandate between 1993 and 2017. Overall, the original and unique dataset consists of 1,518 legislators and their comprehensive parliamentary activity. The results suggest that two main conflicts drive parliamentary politics - the institutional division between ruling parties and opposition, and the ideological left-right socio-economic dimension. Besides this, the thesis shows that both the age and tenure of the MPs noticeably affect their parliamentary activity. While older and more experienced MPs propose more bills, address more speeches and obtain more intra- parliamentary posts than young novices, the latter group focuses on the work outside of the parliament. Next, the gender differences in the parliamentary activity of Czech legislators resemble patterns from...
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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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Position and role of the Czech Senate twenty years after its creation
Rameš, Jan ; Perottino, Michel (advisor) ; Brunclík, Miloš (referee)
This thesis is dealing with the problematic position of the upper house of the czech Parliament. In this thesis author is operating as with primary literature (i.e. laws and historic constitutional documents) in analysis historical moments of the czech parliamentarism, so with direct observation of the members of the Senate (in 11th term). Author was focusing himself on direct observations of the senate committees and plenary session of the Senate. With great help of the Senate's staff and senator Jaromír Jermář, all the members of the Senate was addressed with author's request to participate in research. Results of this research are basic cornerstone in order to answer the questions in the introduction about the sense and the role of the upper house of the czech Parliament. First chapter represents an introduction, where are the most important sources, metodology, questions entitled and this problematic is basically explained. Second chapter is aiming on the theoretical concept of the bicameral parliaments. Third chapter is profoundly analysing the historical experience of the Czech state with the second chambre parliament. Fourth chapter is, finally, analysing the representational, constitutional and legislative-controlling functions of the Senate toward the executive. Fifth chapter is...
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