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Intertemporal effects of derogational decisions of the Constitutional Court
Askari, Daniel ; Gerloch, Aleš (advisor) ; Suchánek, Radovan (referee)
The thesis deals with temporal effects of decisions of the Constitutional Court, by which a statute is repealed due to its unconcstitutionality. Since the relevant provisions are not sufficiently comprehensive, various problems and doubts arise in legal reality. The thesis summarizes the relevant theoretical premises, which should allow for finding answers to questions related to the topic of the thesis. The relevant case-law is also summerized and subjected to partial criticism. The paper also deals with specifics of criminal law and civil law, including horizontal effect. It also specifically addresses the issue concrete constitutional review a and the phenonmenon of so called resurrection of law when a derogational statute is derogated.
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Case Law of the Constitutional Court Relating to Taxation
Křivánek, Michal ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
The thesis deals with the decision-making practices of the Czech Constitutional Court in matters of taxation. The first chapter serves as an introduction to the topic of taxes and their different types, pays attention to the distinction between taxes, fees and other similar payments, and outlines the constitutional foundations on which taxes in broader sense may be imposed. The following section discusses the role of the Constitutional Court, mentions the types of court proceedings related to the field of taxation, and distinguishes between the court review of questions with constitutional law relevance, which the Constitutional Court examines, and of matters of ordinary law without such relevance, which are left to the general courts. The importance of the decision-making agenda of the Constitutional Court and the binding nature of its decisions for different groups of subjects and in different type situations is outlined. The third section then proceeds to analyze the important constitutional principles that are common for the field of tax law, namely the prohibition of genuine ex post facto legislation, and conversely the general permissibility of perceived retroaction, the principle of imposing taxes solely on the basis of law, and the use of the in dubio mitius principle, which is a...
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Judicial decisions of Constitutional Court of the Czech republic in coverage of ČTK
Hrubý, Dominik ; Trunečková, Ludmila (advisor) ; Šmíd, Milan (referee)
The Constitutional Court of the Czech Republic is one of the most important institutions in the Czech constitutional and political system. However, his agenda isn't attractive at all for the general public and because of that, media have an important role in news reporting about it. It applies especially for the public service media, among whom we could include also the Czech Press Office. The thesis is trying to analyse the news reporting products of CTK related to judicial decisions of the Constitutional Court of the Czech Republic. It uses four particular cases from the relevant research period, which was set to 2010-2015. The thesis also offers theoretical basis for analysis - it describes the role of the Constitutional Court of the Czech Republic and it follows up also the role of press agencies as an information sources.
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The model of constitutional judiciary in the Czech Republic
Hoscheková, Patricia ; Gerloch, Aleš (advisor) ; Hřebejk, Jiří (referee)
Název práce v anglickém jazyce: The model of constitutional judiciary in the Czech republic My Master's degree thesis deals with the constitutional judiciary model in the Czech republic. The aim of my work is mainly to describe the present functional Czech judicial control of constitutionality, give a short insight into it's history and briefly mention models of constitutional judiciary of some other countries. Besides the introduction and the conclusion the thesis consists of four parts (or chapters). In the first chapter of my work I am defining the terms: "control of constitutionality" and "constitutional judiciary" and I am writing about the history and development of constitutional judiciary on our teritory from the Habsburg monarchy till the present Constitutional Court existing from 1993. The second chapter is dealing with models of constitutional judiciary in general and shortly tries to describe it's adjustment in the neighboring countries of Germany, Austria, Poland and Slovakia. The constitutional judiciary in these states is very similar to the Czech model. To mention at least one different model I am offering a short excursion into the American "judicial review". The main part of the thesis shows the current resemblance of the constitutional judiciary in the Czech republic: it's...
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Does Political Ideology Influence the Czech Counstitutional Court's Decision-making?
Chmel, Jan ; Wintr, Jan (advisor) ; Kühn, Zdeněk (referee)
In the presented thesis the author analyses the possible influence of judges' ideolog-ical beliefs on the Czech Constitutional court decision making. The thesis is divided into two parts, theoretical and analytical one. The first part emphasizes the need to distin-guish between the fact that courts' decisions have political consequences and the suspi-cion that those decisions are made in a political way. The theoretical part thus focuses on the discussions on the judicialization of politics, constitutional interpretation, judicial legitimacy and the attitudinal model of judicial decision making. Since the judge can no longer be seen only as "the mouth that pronounces the words of the law", other factors than the text of law (or the Constitution) that determine their decisions should be taken into account. Political beliefs could be one of such factors. Nevertheless, the author ar-gues, that judges lack democratic legitimacy for making purely political decisions and so it is important that they suppress the conscious or subconscious tendency to decide the constitutional cases according to their ideological beliefs. It is thus useful to test the sceptical hypothesis, that what judges do is actually pure politics. It is argued that the analysis of the decision making can be enriched by employing the...
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Comparison of the Interventions by the Czech and German Constitutional Courts to Electoral Systems
Šmůla, Petr ; Koubek, Jiří (advisor) ; Buben, Radek (referee)
Comparison of the Interventions by the Czech and German Constitutional Courts to Electoral Systems The aim of this bachelor thesis is the comparison of the effects of the interventions by Czech and German Constitutional Courts to the electoral systems and electoral legislation in respective countries. The comparison is relevant also due to the fact that the Czech Constitutional Court decisions often tend to make references to its German counterpart. Moreover, both courts are based on the same model of concentrated and specialized constitutional justice. The thesis will briefly characterize both electoral systems as applied for the elections to the lower houses of parliaments. The actual comparison will be based primarily on the essential decisions on electoral law in both countries: the Constitutional Court of the Czech Republic's decision Pl.ÚS 42/2000, and the Constitutional Court of the Federal republic of Germany's decisions 2 BvC 1/07, 2 BvC 7/07. The aim of the thesis is also to compare the limits of electoral reforms as they have been set by the constitutional decisions of both courts. Key words: Constitutional court, elections, electoral system
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Proceedings before the Constitutional Court
Svobodová, Žaneta ; Hřebejk, Jiří (referee) ; Suchánek, Radovan (referee)
The subject of this thesis is Constitutional Court proceedings. The Constitutional Court of the Czech Republic and its proceedings are still topical owing to important cases which influence not only the broad public but also the course of events in general. This judicial body responsible for the protection of constitutionalism has made a mark with a number of important cases and judicatives. It has issued a lot of awards which represented a major intervention in our law system. Hence, the judicature of the Constitutional Court becomes a key part of the constitutional practice, and it has started to significantly influence legal practice in general. In my thesis I have focused on the procedural law aspects of proceedings before the Constitutional Court while trying to highlight the significance of this constitutional institution
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The Role of the Constitutional Court in the Political System of the Czech Republic
Kučerová, Marie ; Bureš, Jan (advisor) ; Koubek, Jiří (referee)
The Constitutional Court of the Czech Republic is incorporated in the system of the supreme state authorities and is responsible for the protection of constitutionalism. The aim of the thesis is to evaluate the role of the Constitutional Court of the Czech Republic in the political system of the Czech Republic on basis of delimitation of function thereof, and of basic relations to other state power bodies. The subject matter of the first part of the thesis is characteristics of the constitutional justice and the significance thereof in a democratic constitutional state. This interpretation also includes comparison of two principal models - a diffusion model, and a concentrated constitutional justice model. The basic idea of the thesis is to explore the characteristic position of the Constitutional Court between the law and the politics, it deals with political aspects of constitutional justice. The thesis is based on constitutional approach and aims to answer the question of how much the relation of the Constitutional Court towards the politics is determined by the system (institutionally, functionally). The main part of the thesis analyzes incorporation of the Constitutional Court into the system, the position of the Constitutional Court as an independent body of judicial power, and the relations...
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Protection of personality in scope of legal philosophy and applicable law
Němec, Ronald ; Gerloch, Aleš (advisor) ; Harvánek, Jaromír (referee) ; Beran, Karel (referee)
PROTECTION OF PERSONALITY IN SCOPE OF LEGAL PHILOSOPHY AND APPLICABLE LAW 1. Summary We can see law from two main perspectives. Law is either complex of written regulations, which are prepared by human beings based on some interests or it is a complex of rules, which altough are written, but its nature are originating from higher normative system. First is a present perspective. Current law science is prefering valid law as complex of regulations published in statute book. What is not banned by law, is allowed. Though this law philosophy is leading to instability in society. Every year legislator is making hundreds of amendements and create new laws to cover new circumstances which appear in the society. Despite legislator effort is society further unsatisfied with legal state. Society claims that law is enforceable for those who are able to hire big law firms, which can find neccesary grey areas. Immanuel Kant among the first draw a problem between legality and legitimacy. But it is not only matter of legislator whether he acts legitimately or legally, but as well as of receiver of law norm. Is every legal act of the recepient of the legal order of the Czech Republic legal as legitimate? Legal yes, if in conformity with legal order. But is it even legitimate? And is it moral? For juspositivism is...
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Election legislation of the Czech Republic in judgments of the Constitutional Court
Felix, Adam ; Gronský, Ján (advisor) ; Hřebejk, Jiří (referee)
Purpose of this thesis is to analyze impact of decisions of the Constitutional Court of the Czech Republic on current legislation on elections. The thesis contains several chapters on history of evolution of the Czech election laws as well as comparison of basis on which the current legislation stands. In the rest of the thesis author analyses decisions of the Czech Constitutional Court which have been published under number 243/1999 and 64/2001. Last part of the thesis is devoted to possible development of legislation on elections in the near future.
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