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Comparison of constitutional judiciary in the first Czechoslovak Republic and current constitutional judiciary
Jiráková, Gabriela ; Hřebejk, Jiří (advisor) ; Janstová, Kateřina (referee)
Comparison of constitutional judiciary in the first Czechoslovak Republic and current constitutional judiciary The aim of the thesis is a comparative analysis of the constitutional judiciary in the first Czechoslovak Republic and the today's Czech Republic. Each chapter is structured to describe the institution of the Constitutional Court which has been representing the most important protection of constitutional values. The research design of the thesis is explained in the chapter "Methodology". It serves for better orientation and understanding of the diploma thesis. The paper is divided in eight chapters. Introduction describes the basic concepts of the Constitutional Court and the author's hypothesis about the results of the analysis which outline large differences between the two Republics. Following chapters compares the two Constitutional Courts in terms of organizational structure (internal structure, budget, seat), the appointment mechanisms of the judiciary (conditions, process). It also offers the list of powers of the Constitutional Court and it describes the constitutional practices of constitutional judges within each historical period. The work also includes a brief historical summary that discusses the genesis of the idea of constitutional justice and the sources that inspired Czech...
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Accessing judicature with electronic sources
Korhoň, Ondřej ; Šisler, Vít (advisor) ; Dombrovská, Michaela (referee)
The purpose of the thesis is the accessibility of electronic sources of judicature in the Czech Republic. The thesis deals with publicly as well as commercially accessible sources. The publicly accessible sources are represented by NALUS which is administered by the Constitutional court, the retrieval system of The Supreme Court of the Czech Republic and the retrieval system of The Supreme Administrative Court. The commercially accessible sources are represented by the Beck online, ASPI and CODEXIS.All the sources taken into account are evaluated by the range of their content, the quality of search engine and user interface.
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Constitutional Judiciary in Spain
Borská, Nela ; Mlsna, Petr (advisor) ; Suchánek, Radovan (referee)
Summary: Constitutional judiciary in Spain The subject of this thesis is constitutional judiciary in Spain. According to the Spanish Constitution of 1978 Spain belongs in the group of states which have established a system of concentrated and specialized constitutional judiciary. In the Czech legal literature is the Spanish constitutional judiciary mentioned mainly as a system based on the German constitutional judiciary, writings dedicated exclusively to the Spanish system are not very common. In spite of the fact that the legislative regulation of the Spanish Constitutional Court was really importantly inspired by the regulation of the Federal Constitutional Court of Germany (especially in the area of competencies of the Constitutional Court), there are also some significant particularities and typical features of the Spanish Constitutional Court which can be an interesting subject of an analysis. The aim of the thesis is to provide a characterization of the Spanish constitutional judiciary. Because of the limited length of the thesis this study does not contain a detailed analysis of all aspects of the Spanish constitutional judiciary. I have focused only on some topics of the Spanish constitutional judiciary, particularly on the topic of the position and the importance of the Constitutional Court in the...
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The principle of social state in political theory and the case-law of the Constitutional Court
Kaloč, Otakar ; Wintr, Jan (advisor) ; Maršálek, Pavel (referee)
1 Abstract The principle of the social state in political theory and the case-law of the Constitutional Court The topic of this work is the phenomenon of the welfare state, social rights and their judicial review performed by the Constitutional Court of the Czech Republic. The aim of this paper is to introduce the welfare state in terms of the theoretical, historical and practical implementation of its goals, whether it is a political reality or the decision making practice of the Constitutional Court, which in turn influences political environment. This work is based on theoretical works of political philosophy, findings of constitutional law and the jurisprudence of the Constitutional Court. The thesis points out the different understanding of the social question in basic political theories such as liberalism, socialism or feminism. The historical part of this work comprises of the description of the development of social issues in countries such as the United Kingdom and the USA. It is evident that this was a long-term process beginning in the early seventeenth century and continuing to the period of its greatest expansion after World War II. This work also mentions some aspects of poverty. Another important part is the introduction to the theory of typologies of different "regimes" and types of welfare...
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Freedom of worship - its constitutional and statutory regulation and reflection in the caselaw of the Constitutional Cour
Popelková, Martina ; Hofmannová, Helena (advisor) ; Gronský, Ján (referee)
This thesis aims to analyze legislation of the Czech legal order concerning religious freedom. The work is divided in 4 parts. The first part of the thesis deals with the definition of religious freedom in the first place. Afterwards the thesis describes the Constitutional law relating to the religious freedom (especially the Article No. 15 and No. 16 of the Charter of the Fundamental Rights and Freedoms of the Czech Republic), international conventions relating to the theme (e.g. The Universal Declaration of Human Rights, The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights etc.) and further statutory provisions and legislative rules guaranteeing religious freedom in the Czech Republic. Major part of the thesis relating to the statutory provisions and legislative rules deals with the act No. 3/2002 Coll., on Freedom of religion and the status of churches and religious societies, as amended. The act No. 3/2002 Coll. constitutes basis of regularization of the freedom of religion in the Czech Republic. Various provisions of the act No. 3/2002 Coll. were subject to review of the Constitutional Court of the Czech Republic due to their unconstitutionality. The second part of the thesis discusses various decisions of the...
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Powers of the Constitutional Court of the CR and the Federal Constitutional Court of the Federal Republic of Germany (a comparison)
Ladýřová, Šárka ; Jirásková, Věra (advisor) ; Suchánek, Radovan (referee)
(abstrakt v anglickém jazyce) The main contents of this dissertation (diploma paper) is a study of jurisdiction of The Constitutional Court of the Czech Republic and of The Federal Constitutional Court of Germany and their comparison. The first part of this work describes in brief the genesis of the constitutional jurisdiction and its two basic types. Afterwards there is characterized the constitutional jurisdiction in Germany and in the Czech Republic and next there is described legal regulation and organisation of the German and Czech constitutional courts. Further I deal with the jurisdiction of constitutional courts (of european continental type) in general. In the second part of this work, first I give a general idea about jurisdiction of the German and Czech constitutional courts. After it I already deal with analysis of their single, selected competences - in the concrete: regulation control (judicial review), constitutional complaint, judicial review of international conventions and questions of jurisdiction. I have not focused on the other competences, which the both constitutional courts dispose of. Firstly there is no need to analyse them for the sake of insight into the problem, secondly there should be kept adequate range of this work. The third part results from the analysis of the...
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Freedom of worship - its constitutional and statutory regulation and reflection in the caselaw of the Constitutional Cour
Popelková, Martina ; Hofmannová, Helena (advisor) ; Suchánek, Radovan (referee)
This thesis aims to analyze legislation of the Czech legal order concerning religious freedom. The work is divided in two parts. The first part of the thesis deals with the definition of religious freedom in the first place. Afterwards the thesis describes the Constitutional law relating to the religious freedom (especially the Article No. 15 and No. 16 of the Charter of the Fundamental Rights and Freedoms of the Czech Republic), international conventions relating to the theme (e.g. The Universal Declaration of Human Rights, The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights etc.) and further statutory provisions and legislative rules guaranteeing religious freedom in the Czech Republic. Major part of the thesis relating to the statutory provisions and legislative rules deals with the act No. 3/2002 Coll., on Freedom of religion and the status of churches and religious societies, as amended. The act No. 3/2002 Coll. constitutes basis of regularization of the freedom of religion in the Czech Republic. Various provisions of the act No. 3/2002 Coll. were subject to review of the Constitutional Court of the Czech Republic due to their unconstitutionality. The second part of the thesis discusses various decisions of the...
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Electoral System to the Chamber of Deputies of the Parliament of the Czech Republic
Voclová, Karolína ; Dvořáková, Vladimíra (advisor) ; Němec, Jan (referee)
The aim of this thesis is to evaluate the formation and the development of the electoral system to the Chamber of Deputies of the Parliament of the Czech Republic, with a focus on the impact of the decisions of the Constitutional Court on the current variables of an electoral system. The first part (the theoretical one) offers an explanation of the main terms used in the area of electoral systems. It especially deals with a classification of electoral systems by presenting the two main families of the electoral systems. Furthermore, an explanation of the basic terms used in the area of electoral systems is provided. The two main formulas for a seat allocation to parties are explained. The second part of the thesis is broader. It concentrates on the electoral system used in the Czech Republic for elections to the Chamber of Deputies. First of all, it pays attention to the formation of a constitutional provision concerning the electoral system. After that, it examines the electoral law relating to elections to the Czech Parliament, taking into account amendments of this piece of legislation. This part of the thesis also provides an in depth analysis of the decisions of the Czech Constitutional Court relating to the dimensions of the electoral law. Moreover, extensive parts are devoted not only to the implemented reforms of the electoral systems, but also to the ones that were not put into practice. Finally, recent proposals for amendments of the variables of the electoral systems are mentioned and evaluated.
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Analysis of the Lisbon treaty made by Czech and German Constitutional Court
Zlatý, Petr ; Grmelová, Nicole (advisor) ; Patočka, Radim (referee)
In this thesis I deal with constitutional review of the Treaty of Lisbon with constitutional orders in the Czech Republic and in the Federal Republic of Germany. In the first part of the thesis I analyze constitutional framework of the effect of International and European Law in the Czech Republic. Subsequently I focus on the main points of two reviews of the Czech Constitutional Court published within the bounds of the preliminary constitutional review of the international treaty proceedings. Secondly, I explain the difference between arrangement and ratification of the international treaty and eventually I analyze main issues of the constitutional review of the Lisbon treaty in Germany.
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Financing of political parties in the Czech Republic
Novotný, Petr ; Dvořáková, Vladimíra (advisor) ; Němec, Jan (referee)
How can funding of political parties affect the outcome of elections? What impact has the legislation on financing political parties on political system? Is it possible that the government's political parties using this scheme remain in power? I will bring in this work the current theoretical background by leading experts on financing of political parties, as well as a separate chapter on giving patterns, showing signs of functionality and portability to other political systems. Finally, I will analyze trends of legislative funding of political parties in the Czech Republic, the current adjustment and its impact on the Czech political system. In all areas, I will try to identify the basic areas of problems and dilemmas. I will outline possible solutions where appropriate, to which I result of studying the theory, or of my own invention. In conclusion the objective of such analysis is to monitor and verify the following hypotheses. 1. Amendments to legislation are intended to enhance the transparency of the financing of political parties and to prevent corrupt behavior. 2. The funding of political parties tends to strengthen their cartelization, i.e. making access of political parties outside the establishment to high politics difficult. 3. The legislation meets the basic requirements placed on it, its implementation is feasible and its compliance is enforceable. The keywords are: the funding of political parties, (mainland) horizontal contribution, (Canadian) system of tax credits, (German) matching funds, contribution to the work, contribution to the electoral costs, contribution to the mandate, the Constitutional Court.
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