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Human rights in the times of coronavirus
Bubeník, Jan ; Antoš, Marek (advisor) ; Kudrna, Jan (referee)
The theme of the thesis "Human rights in the times of coronavirus" is an analysis of exceptional situation as coronavirus pandemic which occurred on the territory of the Czech republic in years 2020 to 2022 and its range and impact represented a completely unprecedented exceptional situation. In connection with that, crisis legislation was used to an unseen extent, showing its drawbacks, in some cases amplified by the approach of the crisis management bodies and public health protection authorities. The aim of this thesis is to analyse crisis legislation, approach of the crisis management bodies and public health protection authorities during the covid-19 pandemic. To provide a comprehensive representation, an outline of the course of the pandemic on the territory of the Czech Republic is given in the initial part of the thesis, whereas approach of the bodies and authorities mentioned above was directly linked to this. The part describing the course of the pandemic is followed by the part in which the state of emergency is analysed, including its nature, process of issuing and problems linked to the state of emergency, mainly originating from its repeated extension. The process of issuing emergency measures and selected individual limitations are also analysed. In the part dealing with individual...
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Proportionality of the electoral system for the Chamber of Deputies
Kohlová, Barbora ; Antoš, Marek (advisor) ; Horák, Filip (referee)
Proportionality of the electoral system for the Chamber of Deputies Abstract Proportional system allocates to a party a percentage of seats equal to the percentage of the votes received in the election. Because of the indivisibility of seats and in the interest of the functionality of the elected body, full proportionality can never be achieved. However, its level can be significantly influenced by manipulating the variables of the electoral system. Because of the contradiction with the principles of proportional representation and the principle of equality required by the Constitution the Constitutional Court in its decision Pl. ÚS 44/2017 just eight months before the elections, it repealed important provisions of the Act on Elections to the Parliament of the Czech Republic, in particular the electoral formula and the additive closing clause for coalitions. Due to the upcoming elections to the Chamber of Deputies, Parliament was forced to quickly adopt a compromising amendment. The main goal of this thesis is to determine whether this amendment, adopted as Act No. 189/2021 Coll., which replaced the existing D'Hondt method with a non-traditional Imperiali quota and introduced a second, nationwide, scrutiny to redistribute the remaining votes, fulfilled the requirements of the Constitutional Court and...
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Functional Analysis of Values and Axioms in Constitutional LegalArgumentation
Horák, Filip ; Antoš, Marek (advisor) ; Reschová, Jana (referee) ; Sobek, Tomáš (referee)
Functional Analysis of Values and Axioms in Constitutional Legal Argumentation Abstract The present dissertation thesis deals with the use of values and axioms in constitutional legal argumentation. Its aim is to provide a theoretical and analytical framework for the study of this issue based on the functional rather than content perspective. Thus, the work focuses not on what the examined individual constitutional values, i.e., equality, freedom, justice, and dignity, mean substantively, but rather on the way in which these constructs are used in constitutional legal argumentation. This approach, in contrast to the content approach, makes it possible to look at the researched issues in a universal way, and thus leads to generalizable conclusions, independent of the specific cultural, historical, political, or ideological context of individual states or regions. Said theoretical and analytical functional framework works with three criteria (variables), namely content width, argumentative power, and applicability before courts, whereby it can classify any occurrence of any of the four analyzed constructs in constitutional legal argumentation as one of three basic or one of eleven hybrid functions. The basic functions are a) relative individual law, b) objective value, and c) source of human rights. The...
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The right to privacy in the context of data retention issues
Štefková, Adéla ; Antoš, Marek (advisor) ; Preuss, Ondřej (referee)
The right to privacy in the context of data retention issues Abstract The thesis deals with the issue of data retention in the context of the right to privacy. The thesis aims to map the development of the legal regulation of data retention both in national legislation and in the relevant rulings of the Constitutional Court, as well as in the legislation of the European Union and in the judgments of the Court of Justice of the European Union. The purpose of the thesis is also to assess the current legal regulation, the subsequent application of the proportionality test and the presentation of various alternatives to the current system of data retention. The thesis is divided into five chapters. The first chapter is devoted to the right to privacy in general, its various aspects, legal anchoring, development of privacy and permissible limitations. In the second chapter the current legal regulation of data retention under the national legislation is presented. The third part of the thesis chronologically guides through the development of the issue of data retention, attention is paid to decisions and legislation that have had a major impact on the issue, in particular Directive 2006/24/EC and its subsequent repeal. The fourth chapter focuses mainly on the status of the legislation after the repeal of the...
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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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