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Right-wing extremism and its legal consequences under Nazism and today
Šimonek, Patrik ; Kosek, Jan (advisor) ; Ondřejková, Jana (referee)
The diploma thesis deals with the influence of right-wing extremism on the legal order and compares the consequences that activities of right-wing extremists had and have on the law. The basic principles of right-wing extremism, as well as the basic theses on which right-wing extremist ideologies are based, are described in the diploma thesis. The diploma thesis "Right- wing extremism and its legal consequences under Nazism and today" is divided into ten chapters and a conclusion and discusses the manifestations of tribal nationalism in the legal order of Nazi Germany and describes the implementation of Nazi legislation in the Protectorate of Bohemia and Moravia. The attention is also paid to the development of national particularism, its ideas and to the idea of national exceptionality. However, the idea of national exceptionality puts the unexceptional "others" on the opposite pole of the same axis and subsequently leads to their discrimination and persecution. The law then becomes the perfect tool to discriminate against and persecute these "others". Main attention is thus paid to racial legislation of the Nazi Germany, which were based on conclusions of eugenics "scientists" of the time. The diploma thesis therefore in detail discusses the Nuremberg Laws, as well as other subsequent by-laws,...
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Theoretical and Legal Analysis of Lay Element in Judiciary
Lajsek, Vladimír ; Wintr, Jan (advisor) ; Hapla, Martin (referee) ; Ondřejková, Jana (referee)
Theoretical and Legal Analysis of Lay Element in Judiciary Abstract This work is dealing with the lay element in judiciary. The main emphasis in laid on the institute of lay judges in the Czech legal order. The main goal of the work is to answer the questions whether the lay element in judiciary is still a democratizing component, further if there are fulfilled enough the constitutional conditions of an independent, impartial and statutory judge principle in case of lay judges, whether the democratic or the expert legitimacy may prevail and at last, if the lay element should be preserved in the Czech legal order. In the first chapter, there is described a historical development of the lay element in judiciary. In modern times, it has appeared firstly in the form of jury courts in the Czech lands, more precisely in the Austrian monarchy, after the revolutionary year 1848. Its functioning is illustrated on two famous cases, which were the process with K. H. Borovský and with Leopold Hilsner. On the one hand, these cases show the advantage of participation of lay people into judiciary, as it can serve as correction of the state's despotism. On the other hand, there should come to wrong decisions in the consequence of an easy suggestibility of the public. At the age of the so called First Czechoslovak Republic,...
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The Temptation of illiberal democracy in the postcommunist Europe
Ščeblykin, Kirill ; Pithart, Petr (advisor) ; Ondřejková, Jana (referee)
The temptation of illiberal democracy in the postcommunist Europe Abstract This thesis deals with the concept of illiberal democracy. In the first half it sums up the debate from which the concept arose. It describes the difference between liberalism and democracy and it also explains how these two concepts are interconnected. It describes the concept of defective democracies as conceived by Wolfgang Merkel. I also outline the constitutional aspects of the debate about illiberal democracy. In the second half the text applies Merkel's theoretical framework to analyse the cases of Poland and Hungary. The period of time, that was chosen, starts with the moment when parties Law and Justice and Fidesz gained majorities large enough for profound institutional changes. The period ends with activation of article 7 of the Treaty on European union. The text follows the structure of the Merkel's criteria. It analyses, how the voting rights and free access to power were preserved in both countries, if the political decisions are taken by elected representants, if there is a mutual control between the institutions and to what degree can the state power intervene into the private sphere of the citizens. I conclude that both Poland and Hungary could not be called liberal democracies in the period under review. The Polish...
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Democracy and state governed by law: harmony or conflict?
Jícha, Martin ; Ondřejková, Jana (advisor) ; Pithart, Petr (referee)
Democracy and state governed by law: harmony or conflict? Abstract The aim of this thesis is to define the concept of the state governed by law and the concept of democracy and to describe the relationship between them. The author of the thesis first reviewed literature defining the state governed by law and democracy and then compared different authors' concepts. These concepts are fundamentally different, therefore they cannot be included in a single definition. With regard to it, both concepts, democracy and the state governed by law, are divided into several subcategories: procedural and substantive democracy, legalistic, formal and material state governed by law. Conccurently, the author of this thesis considers the material state governed by law to be so distinctive that it is inappropriate to call it state governed by law. He chose the term constitutional liberalism for it. The relationship between democracy and the state governed by law is determined by concepts of democracy and concepts of the state governed by law, therefore this part of the thesis is also divided into chapters dealing with the relationship between the state governed by law and democracy, depending on how they are understood. The method is similar as in the first part of the thesis, so the author first researched literature and...
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Conflicts of legitimacies within the European Union
Venclík, Jan ; Ondřejková, Jana (advisor) ; Agha, Petr (referee)
Conflicts of Legitimacies within the European Union - abstract In the beginning of first part, the thesis focuses on the very concept of legitimacy. The point of reference is rather a sociological conception of legitimacy. Then, the critical overview of theoretical contributions to the topic of EU's legitimacy deficit is provided. On this analytical background it is held that the democratic legitimacy is indispensable for the Union and that there is a necessity of its creating even on union-wide (transnational) level. Subsequently, in the second part dealing with particular modalities of legitimacy within the EU, the thesis makes use of the conteporary democratic theory focusing on the concept and functioning of democratic representation. The framework for the second part is a spatio-mechanical metaphor of four modalities ("vectors") of legitimacy (legitimation) formulated previously in the literature. It consists of indirect legitimacy, parliamentary legitimacy, technocratic legitimacy and procedural legitimacy. Changes in their balance after the Lisbon Treaty are discussed. The chapter on indirect legitimacy focuses on theoretical questions and then looks into the institutional and legislative development. It also provides an analysis of the relevant case-law of the Federal Constitutional Court of the...
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The tranformation of the role of the judicary in then 20th a and 21st centuries.
Hořeňovský, Jan ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
The transformation of the role of the judiciary in the 20th and 21st centuries Abstract This work is about the fundamental questions of law, judges, society, and liberal democracy from theoretical social perspective. This study is mainly from the fields of state science and political philosophy. Due to the complexity of the topic, I decided to devote the first chapter to the philosophical starting points. The second and third chapters deal with the role of the courts as political actors. To a large extent, I deal with the criticism of this phenomenon. Important sections are those on the essence of democracy, policies and the role of experts in the process of governance. Equally important is the critical view of human rights inflation in modern societies. In the last chapter, I focus on the various forms of doctrine of judicial restraint, which I see as a realistic solution to the outlined problems. Frequently, the argumentation for criticizing the Judicial Restraint is the creation of a cartoons and its subsequent majestic defeat. I think that this approach is not fair, because in my opinion the judicial restraint can be debated objectively without prejudices and without a priori rejection. Meaningful division of roles in the state is as important as the division of power. The division of power is...
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Legal regulation of the position of political parties in the Czech Republic
Pilař, Jan ; Pithart, Petr (advisor) ; Ondřejková, Jana (referee)
The aim of this thesis is to explore and evaluate legal position of political parties in the Czech Republic and its historical development. This thesis deals with political party law in a narrow sense, particularly with constitutional arrangement and the Political Parties Act. According to the Constitution of the Czech Republic our political system is based on a competition of political parties, despite this fact not enough attention is usually devoted to their position in a legal system. This text uses an interdisciplinary approach combining mainly legal and political science. The thesis contains seven chapters and moves from general to specific. The first chapter deals with the term political party. Firstly it observes it from the prism of social sciences then it moves to political science definitions and in the end it extracts legal definitions and characterizes a private law nature of parties. Second chapter is about functions of political parties both in general and according to the law. The third chapter describes in detail the development of legal position of political parties from the year 1852 to the present time. The fourth chapter analyses current Political Parties Act its creation and amendments. The fifth chapter examines conditions of creating parties. The sixth chapter is about...
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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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Presidential systems
Křtěnová, Monika ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
The subject of this thesis is the presidential system as one of the distinguished alternatives of existing political systems in the present democratic society. This thesis is divided into three parts. The primary aim of the first part is to produce a brief overview of individual political systems and to outline their mutual differences through the description of their characteristics. The second part describes a specific political system in this world - namely the United States of America which became the source of inspiration for all subsequently established systems of this type. This part focusing on the United States is then divided into three separate chapters where each of them provides a view of particular branches of the government which form a constitutional system of the state together. These chapters offer not only the characteristics of these particular government branches and their central government bodies, but they also explain their mutual relationship and the control mechanism and particularly their relation to the President who is the key character of the entire presidential system, also his office and his powers. The main source of information, from which this part of the thesis proceeds, is the United States Constitution itself which is, as the supreme law of the state, the...
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