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Political Party Funding: an International Comparison
Bejdák, Matěj ; Kindlová, Miluše (referee)
The aim of this thesis is to identify significant weaknesses of political party funding system in the Czech Republic, and to suggest possible improvements of the system. Knowledge acquired in the first part of the thesis, which deals with the theoretical basis of political party funding, is used to analyse the applicable legislation. This part of the thesis first of all describes the legal framework of political parties, the principles and goals of political party funding, and possible approaches to the funding; the most space is devoted to one of the possible approaches, regulatory measures, which is divided on the basis of supply side (state a private funding) and demand side (mainly campaign spending regulation). The Czech legislation is not only analysed in general and using the theoretical basis, but is also compared with the system adopted by the Federal Republic of Germany. The hypothesis is that the German law is a good example for the Czech Republic in the field of party financing, for the Federal Republic of Germany has been a developed democratic state of law for a longer uninterrupted period of time, and was one of the first countries in the world to introduce state funding of political parties. The second part of the thesis describes, analyses and compares the applicable legislation of the...
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British constitutional system in the context of European Union law: past, present and future
Zapletal, Dalibor ; Gronský, Ján (advisor) ; Kindlová, Miluše (referee)
Constitutional system of the United Kingdom is seldom a theme of interest in domestic academic debates for it is usually considered as a part of Anglo-American juridical culture. According to the author of this master thesis, it is a pity, because the study and interpretation of the British constitutional system can enrich in some respects the current domestic doctrine. Master thesis has the ambition to describe British historical constitutional development, and particularly the current state of the British constitutional law and to emphasise its co-existence with the European law. The approach of the thesis is chronological. Thus, in introductory chapters there are indicated the juridical preconditions of Brexit from both the common law perspective and also the continental law perspective and there is also considered the actual constitutional case report. The last part analyses possible future juridical development. The thesis is focused on the description and the analysis of the withdrawal process of the United Kingdom from the European Union and it considers a variety of aspects of domestic law, international law and law of the European Union. Author makes an attempt to formulate a juridical predication which is based upon foreign literature and domestic and European juridical cases. Specifically, he...
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Execution sale of movable property as an interference with the inviolability of the dwelling
Tykvová, Iveta ; Kindlová, Miluše (advisor) ; Hofmannová, Helena (referee)
The master's thesis focuses on a topic which lies on the intersection of civil law procedure and constitutional law. The chosen type of execution proceedings is looked at through the lens of constitutional law with specific focus on dwelling and inviolability of the home, which are interfered with by specific steps of the execution sale of movable property. The aim of the thesis is to bring forth an analysis of the topic from an unusual perspective, and therein answer several research questions, especially to lay out specific (impermissible) interferences with the inviolability of the dwelling within execution proceedings with the goal of highlighting inviolability of the home as a value embodied in the constitutional system of the Czech Republic. The thesis is divided into two parts and only the conjunction of these parts forms a unique whole. The first part focuses on execution sale of movable items. Firstly, it gives an overview of the execution proceedings and clarifies the purpose and goals of the court executors. In the following chapter the thesis looks at the distraining enforcer as a person in direct contact with the debtors and third parties during his on-the-spot operations for the purpose of execution proceedings. The text then shifts its focus to specific aspects of execution sale of...
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Freedom of Expression in the Czech Republic
Hrbáčková, Kateřina ; Kindlová, Miluše (advisor) ; Jirásková, Věra (referee)
Freedom of Expression in the Czech Republic This master thesis deals with freedom of expression in the Czech Republic while focusing on the issues of hate speech. It is not only Czech legal code this thesis takes into consideration, because there is an inspiration coming from foreign decisions as well. The thesis is divided into five chapters. The first chapter explains the term "freedom of expression": it deals with the terminology of "right" and "freedom", categorizes it into the hierarchy of other rights and elaborates the aspects in which freedom of expression is included. This chapter also deals with the arguments supporting freedom of expression. The second chapter describes how freedom of expression is regulated in the Czech legal code. It briefly summarises the evolution, then it deals with individual legal acts: Charter of Fundamental Rights and Freedoms and the international conventions (The Universal Declaration of Human Rights, The International Covenant on Civil and Political Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms). An idea is also put forward: Does restricting freedom of expression imply the restriction of freedom of thought? The third chapter deals with the restrictions, with the relation between Charter of Fundamental Rights and Freedoms and the...
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Constitutional Guarantees of the Right to Access to Education with Focus on Persons with Disabilities
Haiselová, Laura ; Hofmannová, Helena (advisor) ; Kindlová, Miluše (referee)
The topic of the thesis is constitutional guarantees of the right of persons with disabilities to education. Both physically and mentally disabled persons form a significant part of the society. However, they have not been considered a specific subject of human rights until the second half of the 20th century. At first, they were protected as a subject of social security and charity. Nowadays the regulation is focused on social inclusion of persons with disabilities. The most important international legal instrument in this field is the Convention on the Rights of Persons with Disabilities which was adopted by the United Nations in 2006. The right to education is a substantial human right and it arises from human dignity itself. Education is also a requisite for the execution of other rights and it is a key means for social inclusion of persons with disabilities. Disability can often be an obstacle or a reason for discrimination in access to education. Thus it is necessary to pay special attention to persons with disabilities in this field. The aim of the thesis is to name the main constitutional guarantees of the right of disabled persons to education. The source of these guarantees is the Charter of Fundamental Rights and Freedoms with regard to the Constitutional Court's practice. The thesis also...
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The Constitution of the People's Republic of China de iure and de facto
Hlavan, Tomáš ; Kindlová, Miluše (advisor) ; Syllová, Jindřiška (referee)
Résumé - anglický jazyk Název diplomové práce v anglickém jazyce: The Constitution of the People's Republic of China de iure and de facto This thesis deals with the issue of the Constitution of the People's Republic of China de iure and de facto. As presumed, the Chinese Constitution de iure does not meet all the requirements for effective constitution of the modern state and that between the Constitution of the PRC de iure and de facto exists a discrepancy relationship, the thesis aims to individually identify and analyze common constitutional and political elements which collectively create a real form of the Chinese Constitution de facto ("living" Constitution), upon which constitutional mechanisms of Chinese political life are based on. The work consists of three chapters, whereupon the work can be divided into two parts. The first part is the theoretical part, where the first chapter deals with defining the term of Constitution itself, whether from a purely normative point of view, as well as from other approaches, especially those from sociological and political science, which are crucial to properly understand the content of the Constitution de facto. Afterwards there is the categorization of various concepts of the Constitution, followed by the classification of different types of the Constiution....
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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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Is the right to life really a right or is it a duty to live?
Rychtera, Jaroslav ; Hřebejk, Jiří (advisor) ; Kindlová, Miluše (referee)
A demand for requested death in the human society seems to be increasing nowadays. In some countries, there has been such an institue legitimized. However, this demand is not usually accepted by the branches of state power. The main argument against the right for assisted life ending is often appointed as, what is so called, right for life. These are the appointments in international and national documents, which gurantee opportunity of human beeings' lives, as a unique organism. This appointment first appears in Universal Declaration of Human Rights, which is then used in every other document dealing with basic human rights. Because of some sort of unclear thoughts, when deeper analysing right for life, it is possible to contest and disagree with an interpretation of above mentioned institute and its place of shield against positive efforts of setting the human's right of a decision, how and when to end the life. The problem seems to lie right in the creation of such an institue - which interpretation have had people, who have been creating original document, on their minds? Another unclear thoughts seem to appear in the effort of setting a subject and the content of the mentioned right. The main point is, if the right-for-lifeholder is a human after or before the birth and if before, when...
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General election to the House of Commons.
Hýblová, Jitka ; Jirásková, Věra (advisor) ; Kindlová, Miluše (referee)
General Election to the House of Commons Abstract The aim of this thesis is to analyze the electoral process of general elections to the House of Commons of the British Parliament. The text analyzes the problematics of the two basic questions. The first question is, in regards to the scope, more comprehensive, and it is an analysis of the aforementioned general elections. The second area of the matters relates closely to the first area and concerns the referendum on changing the electoral system in 2011. The text is logically structured into four chapters, which are usually further divided into subsections. The first chapter is devoted purely to the British Parliament in general, spanning from their historical origins to today's modern appearance. It also includes a brief specification of both of the Houses, including their composition and a scope of work. The second chapter is discussing the matter of general elections, the introduction to this chapter is devoted to applied electoral system. This system is based on the principle of "first past the post", which belongs to the "family" of majority electoral systems. The specifics of the application of the system are mentioned, pointing out the benefits and so-called system errors that the system entails. Next subsection discusses the systematics of election...
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