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Dissolution of political parties as a tool for defending democracy: a comparison of the Czech and German debates
Macháčková, Michaela ; Ondřejková, Jana (advisor) ; Havel, Tomáš (referee)
This master thesis focusses on the issues of sanctioning antidemocratic political parties in the Czech Republic and in the Federal Republic of Germany, as well as the discussion of the expert public in reaction to practice of the Supreme Administrative Court or Federal Constitutional Court. It is a comparative paper, therefore all issues are analysed from the Czech as well as the German point of view and the comparative chapter summarizing main coherences and differences always follows. The thesis is divided into six parts, which aim to map the matters related to banning political parties. Firstly, the theses is focused on the regulation of political parties in the Czech Republic and in the in the Federal Republic of Germany to provide theoretical backgrounds for better understanding of the topic. Consequently, both the introduction into problematic of the concept of defending democracy and the analysis of its demonstration in the constitutional law of the Czech Republic and of the Federal Republic of Germany follow. Moreover, substantive law aspects as well as procedural law aspects of dissolution of political parties are introduced ending up with comparison of both. The thesis contains also detailed insight into Czech case regarding Dělnická strana and in German case the NPD...
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Ethical rules of conduct of judges in the Czech Republic
Bajzíková, Veronika ; Urban, Michal (advisor) ; Ondřejková, Jana (referee)
Ethical rules of conduct of judges in the Czech Republic This master thesis deals with ethical rules of conduct of judges in the Czech Republic. I chose the topic because in this area there is lack of scientific literature given to the topic of professional ethics in general and even less literature directly addressing the professional ethics of judges. The main objective of this thesis is to provide the most comprehensive picture of the professional ethics of judges in the Czech Republic and the resources on which it puts. The topic is brought to the reader within five chapters. The first chapter introduces the reader to the topic of ethics and its relation with morality and law and brings the view from the perspective of philosophy and legal theory. The second chapter deals with professional ethics and professional ethical codes, presents to the reader what the professional ethical code should be like. The content of the third chapter is in the first place to introduce the reader to the character and personality of the judge, his status in the legal system and, above all, the analysis of the professional ethics of judges. This chapter is the core of the work and in the analysis of various aspects of professional ethics draws on information acquired in the previous chapters. The main basis for this chapter...
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The European Court of Justice as a political actor
Vikarská, Zuzana ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
The ECJ as a Political Actor In both the US and in the EU, the judiciary is often accused of being political. This thesis does not attempt to compare and contrast the two grand judiciaries; they are too dissimilar to be compared in this context. It only deals with the judiciary of the EU, trying to analyse its presumably 'political' character: why is it that political and legal scholars label the Court as 'political' or 'activist'? This thesis seeks to investigate the validity of these accusations by proposing a synthesis of various political theories and a certain clarification of the terminology in the context of the European judiciary. Chapter 1 deals with the ECJ as an institution, discussing its functioning and its presumably constitutional character. Chapter 2 then focuses on the notions of 'politics' and 'political', firstly in terms of their definitions by various authors and consequently in terms of the various political theories of European integration. Chapter 3 then deals with the central question of the thesis: is the ECJ a political actor or not? The analysis in the third chapter is split into five dimensions: (1) the judges' motivations in adjudication, (2) the appointment of judges, (3) the subject-matter of the Court's adjudication, (4) the institutional balance within the Union,...
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The impact of media on judicial determination in cases of traffic crimes
Klouda, Petr ; Urban, Michal (advisor) ; Ondřejková, Jana (referee)
Media influence over court rulings in traffic crime cases The aim of this thesis is to analyze the way media report about traffic crimes and provide a comparison between cases that attracted media attention and cases that didn't. The author investigates the possibility that courts are influenced in thein decision making by the general public, the opinion of which is shaped mostly by mass media outlets which unfortunately often release speculations as proven facts. To demonstrate the possibility of media influence to the reader, the author compares similar cases and shows how different the court ruling was when the case wasn't a subject of attention of mass media. Part of this analysis consists of a letter to the judge who presided over one of such cases, the incident on D1 motorway in 2010. The conclusion is that there's potential for such influence, but it's impossible to be absolutely certain that it already exists. The threat of such influence will, however, grow over time as new technologies are introduced, that make it very easy to spread information and consume it. In a newly forming information society, the ability to influence anything ranging from minor court battles to elections is considerably increased and poses a potential threat to the impartiality of courts, which is vital to a modern...
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Discrimination against Roma in the Czech Republic ?
Buday, Marek ; Kosek, Jan (advisor) ; Ondřejková, Jana (referee)
1 Abstract - Discrimination against Roma in Czech Republic? The purpose of my thesis is to analyse the issue of discrimination against the Roma people in the Czech Republic, particularly from the perspective of the state - whether the Roma ethnic group in our country is indeed discriminated against and how the state copes with this possible racial discrimination. This theme became more important in connection with the riots in Šluknov in 2011. The thesis is divided into four main chapters. Chapter One deals with the history of Roma-related legal acts promulgated in our lands. It covers the history from the arrival of the Roma in our lands, the promulgation of legal acts during the Austro-Hungarian Monarchy and Czechoslovakia, until the effort of the Communist Party to assimilate them. Chapter Two is focused on the discrimination against Roma in education. In this chapter I analyse the judgment of the Grand Chamber of the European Court of Human Rights on the case D. H. and others vs. Czech Republic. On this judgement, the court held that there was discrimination against the Roma concerning their access to education and violation of the European Convention on Human Rights and its protocols by the Czech Republic. After an evaluation of this judgement I propose some measures which could lead to the elimination...
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Direct presidential election in Czech Republic
Ryčlová, Dorota ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
- Direct presidential election in the Czech Republic: reasons, conditions, consequences This diploma thesis is concerned with different aspects of implementation of the direct presidential election in the Czech Republic. It is aimed to discover the actual reasons for passing the Constitutional Act No. 71/2012 Coll., which introduces this institute into the Czech constitutional system. For the purpose of doing so, the thesis is divided into three parts. The first one presents and evaluates particular arguments (historical, political, constitutional, legal etc.), which were used by the proponents of this institute on one hand and by its opponents on the other. The content of the second part is the most extensive as it follows up the comparison of bills attempting to implement the direct presidential election into the Constitutional Act since 2001 up to the present. Therefore this part contains thirteen bills in total, including the one, which later becomes the Act No. 71/2012 Coll. Individual bills are compared and contrasted. The pertinent political and social circumstances accompanying their origin are also briefly mentioned. As the result of this comparison the author comes to the conclusion that the true motive to pass the Constitutional Act No. 71/2012 Coll does not lie in its content or its...
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Philosophical and psychological issues of free will; free will and responsibility
Kolda, Jakub ; Kosek, Jan (advisor) ; Ondřejková, Jana (referee)
1 ABSTRACT Presented thesis deals with different approaches and methods of research on the free will issue and with the comparison of these approaches and methods. First part comprises of description of the philosophical discourse of free will. This part is divided into four sections. First section includes those free will concepts that can be called hard- deterministic, as they hold the laws of physical determination to be true and they believe that there is no such a thing as a free will in this world. Compatibilist theories whose authors claim that the laws of determination and free will are able to coexist are included in the second section. Third section encompasses those free will theories that claim that free will is not possible both in deterministic and non-deterministic world. These theories are called impossibilist. Libertarian theories which claim that in fact there exists free will in a non-deterministic universe constitute the last section. Content of the second part of the thesis is based upon neurological studies and praxis of legal experts in the field of psychiatrics and psychology in the Czech Republic. Opening section consists of three divisions. The first one is devoted to the description of the physiological correlates of will processes and to the cases of disruptions in these...
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The principle of primacy of EU law in the theory and practice of the courts of the European Union Member States
Ondřejková, Jana ; Gerloch, Aleš (advisor) ; Kühn, Zdeněk (referee) ; Masopust, Zdeněk (referee)
The submitted dissertation thesis analyses the principle of primacy of EU law from the basic point of view of legal theory. It points out different approaches to the primacy principle and examines the arguments on which these approaches are based. The fist part of the thesis deals with the examination of the primacy principle related to its legal basis, using the sources most frequently listed in the literature: the founding treaties, the case law of the Court of Justice, legal theory (Kelsen's basic norm, Hart's rule of recognition and the legal sociology approaches), and international and national law. I have focused on the historical documents (Treaty Establishing the European Coal and Steel Community, Treaty Establishing the European Economic Community), the concepts based on them (doctrine of the conferred powers and the principle of subsidiarity), and the non-ratified Treaty Establishing a Constitution for Europe and legally non-binding Declaration No. 17 attached to the Lisbon Treaty. I have applied a critical approach to the argumentation of the Court of Justice in the decisions establishing the principle of primacy: Van Gend en Loos, Costa, Internationale Handelsgesellschaft, Simmenthal. Taking into account the existing objections against the arguments used by the Court of Justice, I have...
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The principle of primacy of European law and the legal order of the Czech Republic
Ondřejková, Jana ; Kysela, Jan (advisor) ; Tryzna, Jan (referee)
105 Summary - shrnutí v anglickém jazyce; klíčová slova The presented thesis challenges the simple reading of the principle of primacy of European law as a "rule of primacy in application". Both the analysis of the early decisions of the Court of Justice of the European Communities (ECJ) on the primacy of Community law (Van Gend en Loos, Costa, Internationale Handelsgesellschaft, Simmenthal) and the short insight to the political and legal development of the European integration indicate, that the differences among scholars in theorising about the meaning and the scope of application of the principle of primacy are significantly based on their pre-understanding of the relationship between the European and national legal system. Therefore, the scope of application of this principle is assessed according to the subsequent decisions of the ECJ. The special regard was given to the possible exceptions based on EC/EU Treaties and/or recognized by the ECJ. The most common readings of the principle of primacy - the rule of interpretation, the collision rule, the derogation rule, the legal principle and the essential quality of European law - were studied in order to establish which of them correlates the best with the results of the decisions of the ECJ on the scope of application and exceptions to this principle....
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Direct democracy in the 21st century: challenges and pitfalls (including forecast of future development)
Kozák, Lukáš ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
Direct democracy in the 21st century: challenges and pitfalls Abstract The thesis deals with the position of direct democracy in the 21st century, what are its advantages and disadvantages and problem areas. Before that, it briefly presents why such strong voices calling for direct democracy have been heard in recent years. The first part of the thesis describes the emergence of representative democracy and how this process was influenced by opinions on direct democracy. Furthermore, the reasons for the existence of representative democracy are outlined and the theory behind it is briefly introduced. In its second part, the thesis discusses, in greater detail, the present of representative democracy, what are its advantages and disadvantages and what problems it faces, which quite possibly threaten its very existence. In this part the thesis is based, among other things, on sociological findings, especially in Czech society. These problems largely explain frequent considerations about the implementation of direct democracy. The third part turns its attention to direct democracy exclusively and describes its history, more precisely, important passages from it. It also describes the theoretical foundations of direct democracy, in which the defense of direct democracy by its promoters is hidden to some extent....
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