|
|
Right to be Forgotten - Right to Privacy in the Internet Age
Váňa, Jan ; Antoš, Marek (advisor) ; Preuss, Ondřej (referee)
Right to be Forgotten - Right to Privacy in the Internet Age Abstract The first chapter of the diploma thesis aims to identify the threats to human privacy and forgetting that were brought on by the advancements in the field of information and communication technology in the recent decades. Both privacy and forgetting have important functions in the life of the individual, as well as on the societal level. The protection of those functions, whose analysis can be found in the second chapter of the diploma thesis, is one of the basic tasks of modern, liberal and democratic societies. Unless we want to leave the evolution of our civilization up to the technological developments and their often unforeseen (and unforeseeable) consequences, it is imperative that we systematically evaluate their impact on society. Such evaluations should then serve as bases for devising regulation (both legal and non- legal) that would eliminate or at least mitigate the identified societal threats. In the context of human privacy and forgetting, one of the outcomes of such an impact assessment and regulatory consideration is the right to be forgotten. This right can be seen as a legal instrument protecting the informational aspect of human privacy, or rather the informational self-determination of individuals, in the new reality...
|
|
|
Legislative Quality Assurance Toolbox in the context of the Czech Republic
Říha, Michal ; Gerloch, Aleš (advisor) ; Antoš, Marek (referee)
Legislative Quality Assurance Toolbox in the context of the Czech Republic Michal Riha Abstract The aim of the rigorosum thesis is to describe and evaluate the tools used for the control of legislation quality ("legislative toolbox") at both the parliamentary and pre-parliamentary stage of the legislative process. The main focus is on the situation in the Czech Republic, although the tools used in other jurisdictions are introduced in order to encourage potential discussion regarding an expansion of the Czech legislative toolbox. The toolbox is shown on the background of the principles of proper law making - for example a sceptic lawmaker approach employed with the aim of securing a stable legal environment. This method helps us better understand the potential conflicts between certain legislative principles; one example can be a clash between the legislative needs and the quality control tool when, for example, a required legislative solution might be slowed down by repeated debates within the Legislative Council due to theoretical marginalities. This example indicates a conflict between the principle of sound legislation and the need for reasonable speed of the legislative process. The author also considers the influence of EU law, which is not usually taken into account, despite the European Union law...
|
|
|
Political Party Funding: an International Comparison
Bejdák, Matěj ; Antoš, Marek (advisor) ; Jirásková, Věra (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...
|
|
|
Role of the parliamentary party groups in the constitutional system of the Czech Republic
Červinka, Lukáš Lev ; Antoš, Marek (referee)
- 145 - Abstract Role of the Parliamentary Party Groups in the Constitutional system of the Czech Republic The ultimate goal of my work was to fill in the blank spaces on the map of the Constitutional system of the Czech Republic by thorough examination and detailed description of the role and the status of the parliamentary party groups (PPGs) in it. However, this thesis is not just a general introduction, but a complex study of the actors of such importance and influence that it keeps one wondering, why they had remained out of a scope of the mainstream scientific research in our country for so long. After the necessary theoretical introduction to the subject of the parliamentary party groups within the field of the legal and political sciences, I examined the existence of the PPGs within the Chamber of Deputies, their relationships, interdependence and interconnections with the political parties and finally their inner functioning in close detail. It was necessary to deal with a number of serious issues and answer several important questions during my research, most notably: the question of the nature of the parliamentary party groups, i.e. whether they are bodies of the Chamber of Deputies, bodies of the political parties or whether they even possess their own legal personality. It was necessary to deal...
|
|
|
An Analysis of Functions of Human Dignity in Constitutional Law with Focus on Case Law of Czech Constitutional Court
Horák, Filip ; Antoš, Marek (advisor) ; Hofmannová, Helena (referee)
After the concept of human dignity has spread into a large number of constitutions from all over the world, detailed examination of this phenomenon is steadily gaining importance. This thesis finds three autonomous approaches to human dignity in constitutional law, namely a subjective human right, the source of human rights and an objective constitutional value. Each of these approaches is based on a particular historical view on human dignity. The key argument of this thesis states that the connection of the three aforementioned legitimate approaches leads to the creation of dangerous and undesirable hybrid forms of human dignity. These forms tend to be axiomatic, preventing from the rational legal argumentation as well as from the use of the proportionality principle. The implementation of the concept of human dignity in such an axiomatic way is an argumentative foul, unfortunately so frequently made by both judiciary and doctrines. The thesis further focuses on the examination of the axiomatic human dignity phenomenon with respect to the Constitutional Court of the Czech Republic decision-making specifically. Using quantitative methods, it first comes to the conclusion that the problem of axiomatic human dignity-related argumentation does not only exist in the Constitutional Court's...
|
|
|
Court case-law regarding elections
Záleský, David ; Antoš, Marek (advisor) ; Kudrna, Jan (referee)
This theses deals with analysis of cases that were held mainly before the Constitutional Court and the Supreme Administrative Court of the Czech Republic with regard to the election process and political parties. It focuses mainly on the analysis of topics that are often criticised by small political parties as harmful to the free and fair election process. Specifically, these topics include election threshold, setting electoral districts, methods for allocating seats, subsidising political parties from the national budget, financial restrictions on candidacy, and access to media. The thesis briefly summarizes relevant theoretical premises, which is followed be presenting the bases of criticism of the specific institutes, and finally the courts' opinions are analysed as well. With each of the institute, the main goal of the theses is to show how the courts interpret them. Specifically, it focuses on finding a line between what courts still deem acceptable, and what is perceived by them as too damaging to the fair and free election process.
|
|
|
Referendum in the Czech Republic
Krause, Jakub ; Jirásková, Věra (advisor) ; Antoš, Marek (referee)
Referendum in the Czech Republic Abstract This thesis focuses on the issue of the national referendum in the Czech Republic, which the Constitution assumes to be held, but the general legal regulation in the Czech legal system is missing. The most extensive part of this work is therefore devoted to the drafts of constitutional acts regulating the general national referendum (hereinafter also "proposals"), which have been submitted to the Chamber of Deputies since the establishment of the Czech Republic. At the beginning of the work, the author defines the concept of referendum and further categorizes the referendums according to the functions in which people can initiate them, the time when they are held, whether the obligation is to be performed, whether their results are binding, what their subject can be, what territory they are taking, their legislation form and whether judicial review is possible. This categorization is supplemented by examples of legal regulations of referendums from selected European Union countries (including the Czech Republic) and Switzerland. Categorization of referendums are used in the analysis of proposals, to which the second part of this paper is devoted. It is possible, for example, to find out how many proposals were submitted to the Chamber of Deputies since the...
|
|
|
Constitutional aspects of postal voting in the exercise of the right to vote
Řehořek, Michal ; Antoš, Marek (advisor) ; Jirásková, Věra (referee)
Resumé The topic of this diploma thesis is Constitutional aspects of postal voting in the exercise of the right to vote. The main aim of this diploma thesis is to provide the answer to the following couple of questions: Should the postal voting be introduced in the Czech Republic? And if the answer is yes, what would be the most suitable form? The right to vote is an essential part of a democratic state and it is a fundamental right of every citizen of the Czech Republic over 18 years of age. The Czech Republic allows its citizens to exercise their right to vote abroad, however, the current state of the legislation may be considered problematic. In the thesis, I provide the arguments for such conclusion; the main argument being very low turnout of voters abroad in comparison with the estimated number of citizens residing abroad on both long and short term basis. Although all citizens have guaranteed the same rights, the current electoral legislation in fact causes serious disadvantages to the voters abroad; the electoral legislation requires repeated personal attendance in distant embassies, where the voter can exercise his right to vote. Furthermore, I mention the problematic aspects of the right to vote within the territory of the Czech Republic, which are connected especially to the possibility of voters...
|
|
|
"Registration of Candidates for the Office of the President of the Czech Republic".
Vodehnal, Ondřej ; Antoš, Marek (advisor) ; Janstová, Kateřina (referee)
Zusammenfassung Die Diplomarbeit beschäftigt sich mit der Problematik der Nomination und Registration der Kandidaten für die tschechische Präsidentenwahl. Im Jahre 2012 genehmigte das Parlament eine Änderung der Verfassung, die die Wahl des tschechischen Präsidenten auf die direkte Wahl änderte. Im Zusammenhang damit kamen viele Fragen über die Nomination und Registration der Kandidaten für die Funktion des Präsidenten. Diese Fragen musste man nicht lösen, weil das Recht auf die Nomination des Kandidaten neu die Bürger bekamen, die eine Petition mit den Unterschriften mindestens 50.000 Bürger mit dem Wahlrecht vorlegen. Die Diplomarbeit bemüht sich diese Probleme zu analysieren und ihre Lösung vorzuschlagen. Nach dem Einführungsteil über die Geschichte der Anträge auf die direkte Wahl im tschechischen Verfassungssystem und nach der Rekapitulation der anderen Rechtsvorschriften, laut den man in einigen Fällen (Kandidatur der unabhängigen Kandidaten in den Komunal- oder Senatwahlen, bzw. Gründung einer neuen politischen Partei) eine Petition mit einer bestimmten Anzahl der Unterschriften vorlegen muss, folgt gerade dieser analytischer Anteil. In dieser Diplomarbeit beschäftigt sich der Autor z.B. damit, auf welche Art und Weise bei der ersten tschechischen Präsidentenwahl das Innenministerium die...
|
|
|
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...
|
guest ::
RSS feed.