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Constitutional aspects of the dissolution of the Czechoslovak Federation
Šnajdaufová, Eva ; Gronský, Ján (advisor) ; Pithart, Petr (referee)
Constitutional aspects of the dissolution of the Czechoslovak Federation Abstract The Czechoslovak Federation was a Czechoslovak state, which originated in 1918 based on the nation's right to self-determination. Through the natural and historical law, Slovakia was incorporated into the historical territory of the Lands of the Czech Crown, and Czechoslovakia was formed. A Czechoslovak nation had not previously existed. It was created out of people on the Czech territory and people on the Slovak territory as a fiction that helped to defend the state-forming idea. A Czechoslovak state was created as a national state, but was, in fact, a multinational state. Unsolved national and ethnic issues were one of the major causes of the end of the Czechoslovak state. The Czech and Slovak relations were re- evaluated with every social-wide change. Even prior to the formation of the state, Slovaks were assured of certain autonomy within Czechoslovakia. The failure to fulfill the assurances wound like a red thread through the entire history of the Czechoslovak state. Czechs, who began identifying with the Czechoslovak statehood practically immediately, were not too aware of their somewhat dismissive attitude toward Slovakian demands. It is likely that the concept of a unanimous Czechoslovak nation state led to its...
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President of the Czech Republic
Janstová, Kateřina ; Pavlíček, Václav (advisor) ; Gronský, Ján (referee) ; Jičínský, Zdeněk (referee)
Otázka postavení prezidenta republiky v rámci ústavního systému je již od vzniku samostatného československého státu v roce 1918 předmětem odborných polemik, a to nejen v řadách ústavní teorie, nýbrž i ústavní praxe. V současné době nabyla na aktuálnosti v souvislosti s recentní judikaturou Ústavního soudu, resp. Nejvyššího správního soudu, jež nelze hodnotit jinak než jako průlom do tradičního pojetí prezidenta republiky jakožto hlavy státu. Právě uvedené pojetí reflektované v odborné literatuře a donedávna i v aplikační praxi jsem zvolila za výchozí pro zpracování této disertační práce. Jejím hlavním cílem je poskytnout ucelený pohled na postavení prezidenta republiky jakožto hlavy státu dle platné ústavní úpravy. V rámci zkoumání jednotlivých institutů jsem považovala za nezbytné zabývat se vývojem jejich ústavní úpravy, a to zejména s ohledem na skutečnost, že součástí platné ústavní upravy jsou vedle psaného práva rovněž ústavní zvyklosti, jejichž kořeny je třeba hledat právě v jednotlivých etapách ústavního vývoje. V tomto smyslu jsem se zaměřila především na ústavní úpravu zakotvenou Ústavní listinou, jež je s platnou ústavní úpravou často srovnávána a na níž dokonce ve svých rozhodnutích odkazuje Ústavní soud. Naopak ústavní úpravou stanovenou Prozatímní ústavou se vzhledem k její provizorní povaze...
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Constitutional transformation and dissolution of the Czechoslovak Federation after November 1989
Janeček, Viktor ; Gronský, Ján (advisor) ; Hřebejk, Jiří (referee)
Diploma thesis "Constitutional transformation and dissolution of Czechoslovak Federation after November 1989" is focused on legislative reflection of political changes in a federation in which one of the two nations' state-law ambitions have never been sufficiently fulfilled. This situation resulted into the dissolution of the federation that happened as an outcome of political negotiations of either republic's political representations that have endeavored to proceed with as legal means as possible, however mostly created ad hoc. The aim of this thesis is to describe these legal means of legal dissolution of a state since their political formulation, through their origination until their final acceptance. First part of this diploma thesis describes the origination of Czechoslovak Federation in 1968, interruption of the federalization processes in the times of so-called normalizations and continuance of this process after the changes in 1989 including drafts of a communist constitution and an opposition constitution towards the end of this year. Second part of this diploma thesis describes transformation of the Czechoslovak Federation as it happened in the first year after the Velvet revolution. This part also includes disquisition about integrating elements of a federative state as well as it is...
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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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Constitutional aspects of the dissolution of the Czechoslovak Federation
Šnajdaufová, Eva ; Gronský, Ján (advisor) ; Pithart, Petr (referee)
Constitutional aspects of the dissolution of the Czechoslovak Federation Abstract The Czechoslovak Federation was a Czechoslovak state, which originated in 1918 based on the nation's right to self-determination. Through the natural and historical law, Slovakia was incorporated into the historical territory of the Lands of the Czech Crown, and Czechoslovakia was formed. A Czechoslovak nation had not previously existed. It was created out of people on the Czech territory and people on the Slovak territory as a fiction that helped to defend the state-forming idea. A Czechoslovak state was created as a national state, but was, in fact, a multinational state. Unsolved national and ethnic issues were one of the major causes of the end of the Czechoslovak state. The Czech and Slovak relations were re- evaluated with every social-wide change. Even prior to the formation of the state, Slovaks were assured of certain autonomy within Czechoslovakia. The failure to fulfill the assurances wound like a red thread through the entire history of the Czechoslovak state. Czechs, who began identifying with the Czechoslovak statehood practically immediately, were not too aware of their somewhat dismissive attitude toward Slovakian demands. It is likely that the concept of a unanimous Czechoslovak nation state led to its...
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Constitutional transformation and dissolution of the Czechoslovak Federation after November 1989
Janeček, Viktor ; Gronský, Ján (advisor) ; Hřebejk, Jiří (referee)
Diploma thesis "Constitutional transformation and dissolution of Czechoslovak Federation after November 1989" is focused on legislative reflection of political changes in a federation in which one of the two nations' state-law ambitions have never been sufficiently fulfilled. This situation resulted into the dissolution of the federation that happened as an outcome of political negotiations of either republic's political representations that have endeavored to proceed with as legal means as possible, however mostly created ad hoc. The aim of this thesis is to describe these legal means of legal dissolution of a state since their political formulation, through their origination until their final acceptance. First part of this diploma thesis describes the origination of Czechoslovak Federation in 1968, interruption of the federalization processes in the times of so-called normalizations and continuance of this process after the changes in 1989 including drafts of a communist constitution and an opposition constitution towards the end of this year. Second part of this diploma thesis describes transformation of the Czechoslovak Federation as it happened in the first year after the Velvet revolution. This part also includes disquisition about integrating elements of a federative state as well as it is...
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