|
|
The Senate and its position in the constitutional system of the Czech Republic - history, comparison, present
Roztočil, Martin ; Hřebejk, Jiří (advisor) ; Suchánek, Radovan (referee)
This thesis is devoted to the second parliamentary chamber - the Senate. It describes bicameralism in the world and the Senate's position in the history of Czechoslovakia, or the Czech state and enshrined in the constitutional system. Trying to approach the constitutional system of the Czech Republic, which defines the Senate in the Constitution of the Czech Republic as part of the bodies of legislative, defines the position of the chamber relative to the Chamber of Deputies, the President of the Republic, the Government and the Constitutional Court and is it discussed as well as the Senate's position de de lege lata and ferenda constitutione in the Constitution of the Czech Republic.
|
|
|
Safety securing and states of crisis in the constitutional law of the CR
Baumruková, Lucie ; Kudrna, Jan (advisor) ; Hřebejk, Jiří (referee)
This thesis discusses the issue of securing safety of the state with emphasis on the institute of so called states of crisis in the constitutional law of the Czech Republic. The first part deals with states of crisis in general, outlines the basic theory of states of crisis as institutes of law, historical and international context of regulation, as well as on a generally security oriented context. The second section is dedicated to individual states of crisis, namely the state of danger, state of emergency, state of threat to the state and state of war. The thesis contain the basic description of the state of emergency, its sources of law, the method of its declaration all of the states of crises and discusses institutes common for all, or most of the individual states of crisis. Last section of this thesis focuses on further methods of safety ensuring, in particular with connotation to Article 43 of the Constitution of the Czech Republic. For example the regulation of the dispatch of armed forces beyond the territory of the Czech Republic and the residence of foreign armed forces in the territory of the Czech Republic or the regulation of crossing and flying across the territory of the Czech Republic. The conclusion indicates that the current legislation regulating states of crisis is not...
|
|
|
The comparison of the legal status of citizens, foreigners and asylum seekers in the Czech Republic
Palánová, Tereza ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
The comparison of the legal status of citizens, foreigners and asylum seekers in the Czech Republic - resume This thesis deals with the legislation status of citizens, foreigners and asylum seekers in the Czech Republic and its comparison. Gradually defines the various concept, discusses the legal rules, Czech and international also, mentions the most important source of law, fundamental judicial decisions, the prospect of new regulations and the legal status of holders of various statuses. The final and the most important chapter identify the similarities and differences in the legal status of the most important, respectively most discussed areas. The main objective is to streamline the often-fragmented provisions, define the individual terms and describe the most important similarities and differences in the legal status of citizens, foreigners and asylum seekers with an emphasis on Czech legislation.
|
|
|
Legislative process after accession of the Czech Republic to the European Union
Machytka, Jakub ; Suchánek, Radovan (advisor) ; Hřebejk, Jiří (referee)
The aim of this master thesis is to deal with and systematically describe the legislative process which is regulated by law and also the legislative process at the level of the government which has not been formalized completely. The phenomenon of legislative process significantly influences the legal and social environment in the Czech Republic. The first and the second chapter is focused on theoretical definition of the legislative process and deals with the legislative process at the level of the Parliament. Special attention is paid to the lacks of legal regulation and practice, such as to changes implemented by the amendment of the Rules of Procedure of the Chamber of Deputies from 2015. It is also dealt with the Collection of Laws and its intended electronization. The third chapter is related to the position of the government within the legislative process. The government is the most important initiator of lawmaking, as it has the expert workers of ministries which create the legal drafts at its' disposal. Due to the accession of the Czech Republic to the European Union, the government must deal with the topic of compatibility of the Czech and EU law. The level of compatibility depends especially on the quality work of individual ministries. Planning of legislation works is also connected to this...
|
|
|
The model of constitutional judiciary in the Czech Republic
Hoscheková, Patricia ; Gerloch, Aleš (advisor) ; Hřebejk, Jiří (referee)
Název práce v anglickém jazyce: The model of constitutional judiciary in the Czech republic My Master's degree thesis deals with the constitutional judiciary model in the Czech republic. The aim of my work is mainly to describe the present functional Czech judicial control of constitutionality, give a short insight into it's history and briefly mention models of constitutional judiciary of some other countries. Besides the introduction and the conclusion the thesis consists of four parts (or chapters). In the first chapter of my work I am defining the terms: "control of constitutionality" and "constitutional judiciary" and I am writing about the history and development of constitutional judiciary on our teritory from the Habsburg monarchy till the present Constitutional Court existing from 1993. The second chapter is dealing with models of constitutional judiciary in general and shortly tries to describe it's adjustment in the neighboring countries of Germany, Austria, Poland and Slovakia. The constitutional judiciary in these states is very similar to the Czech model. To mention at least one different model I am offering a short excursion into the American "judicial review". The main part of the thesis shows the current resemblance of the constitutional judiciary in the Czech republic: it's...
|
|
|
Relationship senate and government
Nytra, Aleš ; Syllová, Jindřiška (advisor) ; Hřebejk, Jiří (referee)
This rigorous thesis devotes its attention to the relationship of the Senate and the Government. It describes the areas in which there is co-operation or a conflict, and outlines possible future adjustment of their mutual relations within the constitutional system. In this work it is suggested that even though the Senate does not have (as the Chamber of Deputies does) the opportunity to express confidence or no confidence in the Government, its relationship towards the Government is significant.
|
|
|
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...
|
|
|
The Presidential Veto in the Czechoslovak and the Czech Constitutional System
Janoušek, Milan ; Hřebejk, Jiří (advisor) ; Janstová, Kateřina (referee)
This rigorous thesis deals with the institution of presidential veto in the Czechoslovak and Czech constitutional system. It follows the constitutional development of the president's right to return to Parliament acts that it has adopted and compares it to the practical usage of this power by individual Czechoslovak and Czech presidents. In a political context and based on actual cases, it highlights the issues of the existing constitutional provisions. The thesis concludes with suggestions - de constitutione ferenda - for improving the functionality of the presidential veto as part of the system of checks and balances.
|
|
|
Legislative process and its future
Zahořák, Marek ; Hřebejk, Jiří (advisor) ; Syllová, Jindřiška (referee)
Legislativní proces a jeho budoucnost Abstrakt Rigorózní práce se zabývá problematikou legislativního procesu v České republice. Cílem bylo objasnění průběhu přijímání návrhů zákonů, zároveň se v práci objevují náměty na možné úpravy a změny již existujících a nově zavedených pravidel, podle kterých jsou návrhy zákonů schvalovány v praxi. Jako prameny posloužily zejména platné právní normy České republiky, judikatura Ústavního soudu České republiky a odborná literatura.
|
|
|
The Prezident of the Russian Federation
Hradský, Kamil ; Jirásková, Věra (advisor) ; Hřebejk, Jiří (referee)
Diploma Thesis Abstract - The President of the Russian Federation This diploma thesis was written during my study stay in the Russian Federation. When I started working on the thesis, the outside temperature was well below 20 degrees Celsius and, by the time I was finished, the temperatures reached over 30 degrees Celsius. The thesis is based exclusively on sources in Russian, which I could access in the library of the Faculty of Law of the Saint Petersburg State University. The aim was to address the concept of the head of a state in general and, subsequently, to define the basic status of the president of the Russian Federation (RF) from the viewpoint of constitutional laws. The contents of the thesis can be summarised as follows: The head of the state plays two roles in the Russian constitutional system. Firstly, it is the role of an official entrusted with the task of uniting the RF, co-ordinating the activities of individual public authorities, representing the united voice of Russia both on the international political arena and within the country, and determining the general course of the Russian policy. This part of the president's role is paramount and we can even say that, in the RF, it is rampant. It justifies the calls for the establishment of a separate branch within the separation of powers -...
|
guest ::
RSS feed.