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System of proportional representation in the Czech Republic and its critique
Bartůněk, Tomáš ; Kysela, Jan (advisor) ; Antoš, Marek (referee)
System of proportional representation in the Czech Republic and its critique Abstract The diploma thesis "System of proportional representation in the Czech Republic and its critique" deals with the proportional representation in the Czech Republic, particularly its most criticized aspects. The purpose of this paper is to analyse this system, its characteristics, forms and reforms under the Czech conditions. The first chapter defines proportional representation and describes its constituent elements - a legal threshold, electoral formulas (quotas and divisors), electoral districts and tiers and preference votes. Chapter Two is concerned with four specific forms of this system applied in the Czech Republic. It describes elections to the Chamber of Deputies, local elections, elections to the regional assemblies and European elections. The third chapter outlines the problems of Czech electoral reforms - specifically the big reform of elections to the Chamber of Deputies from 2000 and the case of Prague elections in 2010 which both had to be brought to the Constitutional Court. Chapter Four offers a critical look on proportional representation in the Czech Republic. It consists of five parts. The first part focuses on the confusing system of local elections. Part two deals with the legal threshold. The third...
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Political advertising
Janotová, Hana ; Antoš, Marek (advisor) ; Kindlová, Miluše (referee)
The aim of this thesis is to answer the question whether the ban on political advertising on television and radio, which is laid down in the Czech Broadcasting Act 2001, is in compliance with the freedom of expression. Namely, whether it is in compliance with the Article 17 of the Czech Charter on Fundamental Rights and Freedoms. And secondly, whether it is in compliance with the Article 10 of the European Convention on Human Rights. The freedom of expression is an essential political right. Therefore, the limitations have to be interpreted restrictively. Moreover, all limitations have to be thoroughly justified. Firstly, the thesis analysis the scope of the ban on political advertising on television and radio. It explains what are the sanctions in the case of violation of the ban. Examples of violations are also introduced. Further, it is referred to the amendment to the Broadcasting Act. This amendement proposes to define "the political commercials". It is not possible to find such a definition in the current version of the Act. Another topic which is discussed is an anonymous advertising. Then attention is paid to the regulation of free airtime. Since, free airtime is divided between all political parties with regard to the Parliamentary elections, elections to the Europena Parliament and elections of...
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The President of the Republic as part of the Executive Branch
Vosáhlo, Jakub ; Janstová, Kateřina (advisor) ; Antoš, Marek (referee)
This dissertation analyzes the institution of president of republic. It describes specifics of this institution, located between "chief of state" and executive body. Then the dissertation studies his relationship to executive power. It covers analysis of presidential constitutional powers, but also other aspects, influencing presidential position and power in constitutional system. Necessary part of this analysis is study of constitutional position of president. This study comes from parliamentary character of constitutional system and presidential powers in this system. It also includes comparison of chosen parliamentary systems. Then the dissertation analyzes specific phenomenon of Czech president. In this country president traditionally has weak constitutional power, but in contrast he disposes with strong authority in public, and this authority gives him big informal influence in political relationships. It can empower his position very well. Dissertation analyzes historical sources of this phenomenon, development of constitutional power of president and also traditions and constitutional use in praxis. It takes a thing about the role of all presidents in all [very diverse] regimes during Czechoslovak and Czech statehood. Development of presidential tradition after assumption of actual constitution is...
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Constitutional definition of the mechanisms of control of territorial self-governing units
Dušek, Libor ; Antoš, Marek (advisor) ; Suchánek, Radovan (referee)
The aim is to answer the question of whether effective control mechanisms exist in the Czech Republic which would guarantee the fulfilment of legal regulations by municipalities and regional authorities dealing with public property. It is also my aim to explore whether such control mechanisms result from the constitutionally guaranteed rights to local government and, if they do, to what extent they may be incorporated in the Czech legislation. My diploma thesis is based on specific case studies, the case law of general courts and the current jurisprudence of the Czech Constitutional Court. After the description of the current state of affairs in the Czech Republic, I further focus on the definition of the control mechanisms of local governments in Czechoslovakia between the two world wars (1918 - 1938) and partly also during the Austro-Hungarian Empire. This diversion leading to this era has been selected to reflect the efforts to resume the local government traditions in the context of the renewal of the local government scheme in the Czech Republic after 1989. It is proven towards the end of the historical survey that unlike today, there were effective control mechanisms available before World War II, with several alternatives. The thesis also compares the legal regulations beyond the control...
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Unicameralism in the constitutional system of the Czech Republic?
Musil, Jiří ; Kysela, Jan (advisor) ; Antoš, Marek (referee)
The present Master's thesis seeks to analyze the constitutional system of the Czech Republic in the point of its bicameralism compared to the constitutional system of Hungary, the Republic of Poland and the Slovak Republic. The work's hypothesis assumes the bicameral parliament states are more successful than unicameral in their economic indicators. This assumption is based on the fact being a state of law where all activities must be in compliance with law which is given by a parliament and economy of the state is determinated by the quality of the rules. This paper does not use the mainstream way of constitutinal law or political science analysis as a main method but prefer the Law and Economics (LAE) and the first mentioned is used as corrective element only. GDP per capita is used becouse of its eligibility to be the most depictive economic indicator. Due to the lack of relevant data set World Bank statistics in US dollars of recent price level are used. The mentioned countries were chosen as the low rate of unobserved heterogenity states, decreasing the possibility of inexact analysis but these countries are different in the number of parliament houses and it permits to use Difference-in-differences method (DID). The used DID is very similar to the placebo response and it helps to distinguish...
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The electroral system for the Chamber of Deputies of Czech Republic: genesis, evolution and its future direction
Peškar, Michal ; Kysela, Jan (advisor) ; Antoš, Marek (referee)
This final thesis deals with electoral system to the Chamber of Deputies of the Parliament of the Czech Republic. Its genesis, evolution and future are presented in 3 chapters and in the Conclusion. Work is designed as a case-study and it employs two methods - from general to particular, and from earlier to later. These methods are used in whole work as well as in particular chapters and subchapters. The first chapter introduces readers to the issue of electoral system in general. There are described two main voting systems - proportional and majority vote. Stress is put to the proportional system which has used for elections to the Chamber of Deputies. Also the question "which electoral system is the best" is mentioned. Following chapter surveys history of the electoral system and evolution from its establishment to the present. Main part of this chapter deals with a reform introduced in the year 2000 which was declared by the Constitutional Court as unconstitutional. New law, instead of blank spaces after the decision of the Constitutional Court, was adopted in the year 2002 and since that it has been valid till the present. The third chapter presents proposals of electoral reform from the year 2008 prepared by a group of experts on the basis of political assignment of contemporary Government....
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The Right to a Fair Trial
Müller, Pavel ; Reschová, Jana (advisor) ; Antoš, Marek (referee)
The aim of this theses is "The Right to a Fair Trial." I approach this topic both as a juridicial institute, where I describe it's content, and a philosophical - moral principle which should, in my opinion, run through the whole legal proceedings. (Among other things), my personal experience in a civil legal proceeding drove me to write this theses. On account of this experience I started to ask myself whether everyone is really entitled to the right to a fair trial and if the principle is really functional and running through the whole legal process or it's just a theoretical concept, more or less executed in a legal process. Comparison as objective as possible of a fair trial concept to the real state of this right's protection is one of the main aims of the thesis. Not just a confrontation between vision and reality, but also a proposal of their converging. In the first part of the theses I present a brief description of material and formal sources of information regarding the right to a fair trial from both the Czech and European point of view. In the second part I present a summary of works dealing with this topic in the Czech Republic which have been published so far. In the third part I theoretically elaborate partial principles of this right. In the fourth, and the last part of this thesis...
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The election campaign and its limits
Vybíralová, Jana ; Antoš, Marek (advisor) ; Kudrna, Jan (referee)
As mentioned above, this master thesis is focused on some processes which an election campaign is affected by. In the first place, it analyses processes and trends which are typical for the legal regulation of election campaigns in the Czech Republic. My approach to this topic is centered on restrictive parameter limits which influence election campaigns. The core of the master thesis is naturally aimed at the field of law. The aim of the master thesis is to present basic knowledge of the matter which is still topical in the Czech society based on the fact that elections are held quite often. The master thesis can therefore serve as a source of information for further analysing election campaigns whose main purpose is to win the biggest voters' support. The master thesis is divided into four chapters. The first one concerns a theoretical background of election campaigns. The second one examines an election campaign itself, its legal regulation de lege lata respectively. The third chapter studies general principles relative to conducting an election campaign. The final chapter reflects the current situation in the Czech Republic as regards the direct presidential election.
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The Czech presidential election law and its comparison with presidential election amendments of European Union countries
Šutka, Pavel ; Antoš, Marek (advisor) ; Pavlíček, Václav (referee)
The dissertation investigates a constitutional amendment to the 2012 legislation of the presidential election. The amendment introduced an election of the president through a popular vote, which was a historical milestone for the Czech legal system. However, the new adjustment was adopted in haste and evinces many deficiencies; that was proven in the 2013 presidential election. Therefore, the aim of the dissertation is to describe problematical parts of the new legal adjustment and find some possible solutions. The main topics are as follows: 1) modification of the basic concepts of the election system, 2) candidate nomination process, 3) election campaign funding and 4) ethical aspects of the election campaign. A comparison of legal adjustments of 14 EU countries with the direct presidential election (the Czech Republic, Bulgaria, Finland, France, Croatia, Ireland, Cyprus, Lithuania, Poland, Portugal, Austria, Romania, Slovakia and Slovenia) was done, in order to find appropriate solutions. Apart from the results of comparison, the dissertation is based on reports by GRECO, OSCE and the corresponding Czech judicature. In conclusion, the Czech adjustment of the presidential election meets every democratic principle, but, at the same time, contains many mistakes. Especially the queries of "election campaign...
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Case law of the courts in electoral matters and the development of electoral legislation in the light of judicial review
Svobodová, Jana ; Antoš, Marek (advisor) ; Hřebejk, Jiří (referee)
Case law of the courts in electoral matters and the development of electoral legislation in the light of judicial review The main objective of this thesis is to provide a comprehensive overview of the electoral justice and electoral legislation, which is unfortunately highly fragmented across several laws. The current form of the Electoral Law causes a number of problems in practice, which the administrative courts and the Constitutional Court have to deal with. Various legislative and executive bodies are formed on the basis of the elections and their results, which subsequently affects the entire legal order and, consequently, each individual through their activities. This thesis includes a description of how the courts proceed under Section Four of the Administrative Procedure Code when reviewing elections. It also contains an overview of the development of the influence of the Constitutional Court and legislation on electoral laws and an assessment of possible future developments through an analysis of individual court rulings and decisions relating to elections and their review. Keywords: judicial review of elections, development of electoral jurisprudence, development of electoral law
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