|
|
States of crisis in the legal order of the Czech Republic
Stejskal, Jakub ; Kudrna, Jan (advisor) ; Hřebejk, Jiří (referee)
The aim of this thesis is to summarise the legal framework of states of crisis in legal order of the Czech Republic, to point at the main shortages and provide possible solutions. The thesis is divided into five chapters. The first chapter firstly takes a closer look at the general conception of states of crisis defined by legal theory. Then follows the topic of states of crisis and their functioning in ancient Rome, England till the 19th century and in France and Germany during the last 150 years. The second chapter is focused on the types of states of crisis which were known in the previous Czech legal orders. Attention is mainly paid to the state of war and declaration of war. The next part deals with the other historical states of crisis, such as those which arose originally from Austrian Emergency Measures Act, till the legislative proposals antecedent to current Security of the Czech Republic Act. The third chapter is firstly defining current legal terms and analysing states of crisis which are regulated in the Czech legal order. The text starts with the state of danger and then proceeds to the state of emergency, state of threat to the state and to the state of war. The subchapters expound who and under which circumstances, is entitled to declare each single state. The position of selected...
|
|
|
Right to Local Self-Government
Sedláček, Petr ; Reschová, Jana (advisor) ; Kudrna, Jan (referee)
Right to Local Self-Government - Summary The diploma thesis deals with topic of Right to Local Self-Government in the Czech Republic. Chapter one is introductory and summarizes contemporary theoretical approaches to the concept of territorial Self-Government and the nature of the right on it. Furthermore this chapter explains the importance of territorial Self-Government and describes its evolution in the bohemian lands, while it puts closer look to the restoration of territorial Self-Government and its design after 1989. Finally, this chapter looks at position of the Czech Republic in the typology of local government systems. Second Chapter examines all Constitutional complaints on the infringement of the rights of Self-Governments (municipalities), while it describes the circumstances under which the lawsuit emerged, and discusses the argumentation of the Czech Constitutional Court. The thesis summarizes data on author of the complaint, authority accused of the infringement, and result of the case. In the third chapter the thesis discusses other important judgements of the Czech Constitutional Court on the Self- Government and the rights of municipalities. It focuses on the most important judgements on the content of the right to Self-Government and day-to-day conduct of municipalities. In the fourth...
|
|
|
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.
|
|
|
Freedom of religion - constitutional and statutory regulation and reflection in the judgements of the Constitutional Court
Kinclová, Jana ; Kudrna, Jan (advisor) ; Hofmannová, Helena (referee)
This thesis deals with the constitutional and statutory regulation of freedom of religion in the Czech Republic. The aim is to describe and evaluate the current state of legal regulation and analyse some of its aspects considering the judgements of the Constitutional Court and of the European Court of Human Rights. The thesis is composed of four chapters. The introductory chapter consists of three parts. The first part defines the basic terminology used in the following parts of the thesis. The second part examines constitutional and statutory regulation. Relevant international treaties are also mentioned. The third part focuses on the relationship between the state and religious communities, and its effect on the level of religious freedom. The second chapter concentrates on the inner dimension of freedom of thought, conscience and religion (the so-called forum internum) as an expression of inviolability of the inner life of a human. It also addresses the right to change religion or belief and problems which may result from proselytism. The third chapter deals with outer displays of religion or belief (the so-called forum externum). It describes the forms of outer displays of religion or belief, namely worship, teaching, practice and observance, enshrined not only in the Charter of Fundamental...
|
|
|
Freedom of religion: constitutional and statutory regulation and reflection in the judgments of the Constitutional Court
Koç, Kristýna ; Kudrna, Jan (advisor) ; Pavlíček, Václav (referee)
The Diploma thesis "Freedom of religion: constitutional and statutory regulation and reflection in the judgments of the Constitutional Court" focuses on the constitutional and statutory regulation of freedom of religion in the Czech legal order, and also on the case law of the Constitutional Court concerning various aspects of freedom of religion. The thesis is divided into three parts, the first part is focused on the sources of statutory regulation. Besides the constitutional and statutory regulation also the relevant international conventions on human rights are mentioned. Among the statutory regulation the main attention is put on the Act on churches and religious societies, which implements the constitutional regulation, and also on the Antidiscrimination act, which constitutes the main statutory source of protection against discrimination. The second part analyses various forms of freedom of religion, specifically the autonomy of churches, the right to refuse the military service for religious reasons, the freedom of religion in the relationship between parents and children, the freedom of religion in the context of education and at last the question of religious symbols in public space. The aspects of freedom of religion mentioned above are analysed from the view of their constitutional and...
|
|
|
"New Development in Institution of Legal Immunity".
Břečková, Kateřina ; Syllová, Jindřiška (advisor) ; Kudrna, Jan (referee)
This thesis is focused on legal institute of immunity in Czech system of law. It deals especially with the legislative development in institute of immunity and contemporary legislation, but it is focused on judicial practice as well. The aim of this thesis is to present some controversial issues, which appears within the application of immunity and to analyse the judicial practice of the Czech courts. This thesis is composed of introduction, four chapters and conclusion. The first chapter is theoretical and tries to define the institute of immunity according to the legal theory. This chapter introduces the origin of the institute of immunity and its differentiation at the same time. The essential part of this thesis is the second chapter, which concerns with the parliamentary immunity, and is divided into five subchapters. The subchapter 2.1. deals with the legislative development of the parliamentary immunity and presents all the bills. The aim of these bills was to regulate, particularly to narrow the parliamentary immunity. In the subchapter 2.2. is analysed new concept of indemnity, specifically concept of recourse, vote, body of the Assembly of Deputies or Senate and speech, with regard to judicial practice of the Czech courts. The subchapter 2.3. provides the transgressional immunity of...
|
|
|
Legal regulation of the right to assembly in Australia
Timura, Petr ; Kudrna, Jan (advisor) ; Jirásková, Věra (referee)
Title: Legal regulation of the right to assembly in Australia The present thesis addresses the legal regulation of freedom of assembly in Australia, aiming to analyse the current version of legal regulation. Regarding different legal arrangements among particular Australian states, main attention is paid to constitutional level of this right and statutory regulation in New South Wales. The thesis is divided into ten chapters. Following the first introductory chapter, the second one focuses on the beginnings of Australian law and its development. It also deals with legal and historical connections of English colonial law which laid foundations of Australian law. The third one deals with Australian settlement. It is focused on discovery of Australian continent by James Cook in 1770 and consequent enlargement of the territory. The fourth continues with constitutional development of Australian law. It discusses decisive constitutional moments related to Australian independence. The main aim of the fifth chapter is the analysis of Australian legal system. It concerns main legal sources of Australian law and the relation between common law and international law. It also analyses practise of the courts. The sixth chapter examines sources of Australian right to assembly and the seventh one analyses...
|
|
|
Immunity of deputies and senators
Popelková, Eva ; Kudrna, Jan (advisor) ; Syllová, Jindřiška (referee)
The presented diploma thesis focuses on the parliamentary immunity of Deputies and Senators in the Czech Republic and consists of two not explicitly titled parts. The first one deals with the genesis of the concept of immunity; the historical course describes the origin of the concept that goes back to the 13th century. Immunity might have been described as protection given by an English monarch towards Representatives; it gradually changed in privileged status recognition of a newly emerging institution, nowadays called Parliament. This excursion back into the 800 year history is supposed to help us understand the basic idea that the immunity of deputies or senators serves as an instrument of protection of a legislative body, or rather the Parliament of the Czech Republic. As for the immunity of deputies (senators) in the Czech Republic, relevant chapters deal with the first attempts to create functional constitutions at the end of the 19th century when Bohemia was part of the Austrian empire. Significant space is dedicated to the 1920 Constitutional Act, which may be considered as a crucial document for today's concept of the immunity of deputies and senators in the Czech Republic. Finally, the first part includes also chapters dealing with later constitutions from 1948 and 1960. The second part...
|
|
|
The Constitutional Institute of Pardon and Amnesty
Bednář, Marcel ; Janstová, Kateřina (advisor) ; Kudrna, Jan (referee)
The Constitutional Institute of Pardon and Amnesty The diploma thesis called The Constitutional Institute of Pardon and Amnesty is dealing with highly relevant issues often discussed at the political scene of the Czech Republic. It reflects the current debate on whether the institutes should remain in the legal system of the Czech Republic. The main thesis was chosen accordingly - on the contrary to arguments pleading for removing the institutes. The diploma thesis explains the main terms and theoretical divisions, as well as various forms of the institutes of pardon and amnesty. One of the chapters is devoted to the meaning of the institutes which may play a significant role when considering legitimacy of pardons and amnesties. Current domestic legislation regarding the institutes is described with regard to consequences of international law. The process of presidential pardon granting is elaborated in detail. Critical moments of the process are emphasised and different approaches of the three presidents of the Czech Republic are compared. The chapter concerning amnesty is constructed similarly. Critical moments of the institutes of pardon and amnesty are discussed thoroughly. The focus is aimed to problems such as responsibility, overusing or misusing of the institutes or clash with the...
|
guest ::
RSS feed.