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Comparison of the legal regulation of citizenship of the Czech Republic and Ukraine during the period of independent states
Veretelnyk, Iegor ; Uhl, Pavel (advisor) ; Hřebejk, Jiří (referee)
1 Comparison of the legal regulation of citizenship of the Czech Republic and Ukraine during the period of independent states Abstract The aim of this thesis is to take a closer look at the phenomenon of state citizenship through the prism of the state-citizenship regulation of two young states with different legal continuity and history. Namely, the Czech Republic and Ukraine. State citizenship is a dynamic concept undergoing transformation simultaneously within human society and its values in general and legal culture in particular. The transformation of this phenomenon can be generalized on the dichotomous scale of "state power - individual", when in the context of, among other things, international law and specifically human rights doctrine, the concept of citizenship in most states is increasingly approaching the pole of individual; when it ceases to be the sovereign domain of state discretion and unlimited state power but begins to be seen as a human right or even a free choice of the individual. The main objective of this thesis was to determine whether the two countries of study have also approached this concept with their state-citizenship arrangements, and to determine to what extent the current Czech and Ukrainian citizenship legislation is shaped, or influenced, by previous legal arrangements in...
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Dissents and their role in judicial decision-making
Stádník, Jakub ; Hřebejk, Jiří (referee)
Dissents and their role in judicial decision-making Jakub Stádník Abstract This thesis deals with dissents to judicial decisions, i.e., dissenting opinions of the judges which are published along with the decision. In the Czech context, these are mainly dissenting opinions of the Constitutional Court judges, which (despite the lack of direct binding force) occupy a significant space not only in academic discussions but can also become the basis for future changes in legal opinion. Despite this practical significance of the dissenting opinions, however, they have received rather little attention or, with a few exceptions, have not been dealt with in a broader context in any text to date. This was the main motivation for writing my thesis. The most important context in relation to the existence of dissents is their impact on the legitimacy of decisions. There are views that consider dissenting opinions to be beneficial to the legitimacy of courts and their decisions, as well as views that are quite the opposite. Thus, the primary goal of this paper is to analyze the role of dissenting opinions in terms of their impact on the legitimacy of decisions. This is an aspect that runs throughout the whole text. The thesis begins by defining the terms dissent and dissenting opinion and seeks to introduce both foreign...
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The right to inclusive education
Podhorský, Václav ; Hřebejk, Jiří (referee)
of thesis "The right to inclusive education" The thesis deals with the issue of inclusion in education, especially its legal protection and the assessment of the extent to which the right to inclusive education can be characterized as a fundamental human right. After the introduction, definition of the subject and object of the right to inclusive education (including the international context), description of its legal provision and some circumstances in relation to its implementation in the Czech Republic, the right to inclusive education is evaluated in relation to the constitutional order of the Czech Republic. The international human rights treaties are studied in the following two chapters. Special attention is paid in this context to the issue of the so-called bankruptcy judgement of the Czech Constitutional Court and the rarely concerned question of its temporal scope. In addition to positive law, some decisions of the Constitutional Court and Czech general courts are also taken into account. In relation to international human rights treaties, significant attention is also paid to the decisions of international bodies, in particular the European Court of Human Rights. The case law of the European Court of Human Rights not only provides many arguments in relation to the assessment of the...
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Constitutional law questions of weapons ownership with a focus on the Czech Republic
Havlíček, Václav ; Kudrna, Jan (advisor) ; Hřebejk, Jiří (referee)
Constitutional law questions of weapons ownership with a focus on the Czech Republic Abstract This diploma thesis deals with the issue of ownership and disposal of weapons by civilians in the context of constitutional law with the aim of presenting the reader with a complex basis for understanding the individual institutes related to this topic. The primary focus of this thesis is the area of firearms disposal as a central point of the social debate on this issue. The thesis is divided into seven chapters, each of which is devoted to a different systematic unit. The first chapter is devoted to the definition of the term "weapon" by comparing the concept of this term across different branches of law and making a division of different types of weapons based on their partial characteristics. The second chapter will take the reader through the history of the legal regulation of weapons in our territory, which has been reflected in the current legal concept of weapons in the Czech Republic. Following this, the third chapter describes the current legal regulation of the handling of weapons by civilians in the Czech Republic, especially considering the events of the last two decades. In a separate subchapter, attention is paid to the recent incorporation of weapons into the constitutional order of the Czech...
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Judicial system in the Czech Republic
Vrána, Matouš ; Hřebejk, Jiří (advisor) ; Suchánek, Radovan (referee)
Judicial system in the Czech Republic Abstract This thesis focuses on the topic of the Judicial System in the Czech Republic, the aim of which is to provide a clear and compact interpretation of the chosen topic. The structure of the thesis respects the arrangement of the individual organizational branches of the court system according to Act No. 6/2002 Coll., on the Courts and Judges, Lay Judges and the State Administration of the Courts and Amending Certain Other Acts (the Judiciary Act), as amended by later regulations, i.e. from the highest to the lowest organizational branch. The thesis is structured into four chapters, where the first chapter of the thesis serves as an introduction, in which an explanation is presented concerning the separation of powers in the state and the basic related concepts, which are further explained in more detail in individual subchapters to better grasp the topic. The second chapter of the thesis is focused on the legal sources of the judiciary, where the first subchapter contains the basic definition of the sources of law and the following subchapters are focused on the interpretation of the main legal sources of the organization of the judiciary in the Czech Republic. The third chapter is the main part of the thesis, which describes the organization of the courts in the...
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Constitutional quarantees of territorial self-government
Borovička, Roman ; Hřebejk, Jiří (advisor) ; Mlsna, Petr (referee)
Constitutional guarantees of territorial self-government Abstract The aim of this diploma thesis is to present selected institutes of constitutional and administrative law, which are connected with territorial self-government and which guarantee territorial self-governing units their existence and functioning, analysis and evaluation of application of these institutes in practice, warning of their potential difficulties, or proposal their modifications or improvements so as to provide sufficient legal guarantees for independent activities and the existence of local self-government in the Czech Republic. The method of selective literary research is applied in the diploma thesis. Materials related to its topic are used for the elaboration of the work, mainly works from the branches of constitutional law, administrative or municipal law, corresponding legal acts and comments. The method of observation was also used, in which the author tries to find out how the individual institutes, which are in any way connected with the issue of constitutional guarantees of local government, behave in reality, approach their main purpose and also analyse their real effectiveness thanks to elements of the analytical method. in particular through the broad case law of the Constitutional Court. The author of the thesis adds...
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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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The constitutional position of Nagorno-Karabakh
Barsegyan, Karmen ; Suchánek, Radovan (advisor) ; Hřebejk, Jiří (referee)
Resumé Tato diplomová práce se zabývá historií, státoprávním postavením, statusem a uznáním Náhorního Karabachu. Problematika Náhorního Karabachu je často diskutovaným a politický ožehavým tématem mezinárodního společenství. Otázka Náhorního Karabachu je předně otázkou právní, ale má přímé politické důsledky. Náhorní Karabach je územím o rozloze 4400 km2, nacházejícím se na jihozápadě Ázerbájdžánu a ve východní části arménského pohoří. Arménie a Ázerbájdžán vedou o toto území dlouholetý spor, který v období rozpadu Sovětského Svazu na počátku 90. let 20. století vygradoval v regulérní válečný konflikt. Větší část území Karabachu je v současné době fakticky kontrolována neuznanou Republikou Náhorní Karabach. Status Náhorního Karabachu je sporný. Na Náhorní Karabach se dá pohlížet jako na nezávislý stát. Republika Náhorní Karabach, která má: státní území, obyvatelstvo a efektivní vládu, která skutečně drží moc v zemi, čímž vykazuje tři základní kritéria předepsaná mezinárodním právem proto, aby byla na základě nezadatelného práva národa na sebeurčení uznána suverénním státem. V současném světě však kromě těchto tří základních kritérii se setkáváme i s dalším institutem mezinárodního práva, a to sice uznáním státu za plnoprávného člena mezinárodního společenství, kterého se však do dnešního dne Náhornímu...
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