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A lay state - constitutional safeguards and legislative implementation
Szalonnás, Ondřej ; Suchánek, Radovan (advisor) ; Pavlíček, Václav (referee)
This dissertation deals with the relationship between state and religions as social phenomena and examines it from several perspectives in order to review the meaning of the term "lay state." In the first chapter, it analyses the common history of states and religions, describes the important role of religion in the ancient states and then focuses on the rise of Christianity and its spread in the Roman Empire, its role after the fall of Rome and in the formation of the new social and state structure of Europe. It discusses the fight for supremacy between Popes and Emperors and the fall of the temporal power of the church. It suggests that neither religion, nor states can prevail over each other because of their different nature. The church failed in its attempt to usurp temporal power over states, and so did the totalitarian states of the twentieth century in their aspiration to annihilate religion and to substitute it with their atheistic ideologies. In the next chapter the dissertation examines international documents concerned with the human rights, especially with the freedom of religion. It describes the shift in its perception: initially viewed as a domain the states should not interfere in, is now accepted as a domain that gives rise to several positive obligations that are incumbent on states to...
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The Czech presidential election law and its comparison with presidential election amendments of European Union countries
Šutka, Pavel ; Antoš, Marek (advisor) ; Pavlíček, Václav (referee)
The dissertation investigates a constitutional amendment to the 2012 legislation of the presidential election. The amendment introduced an election of the president through a popular vote, which was a historical milestone for the Czech legal system. However, the new adjustment was adopted in haste and evinces many deficiencies; that was proven in the 2013 presidential election. Therefore, the aim of the dissertation is to describe problematical parts of the new legal adjustment and find some possible solutions. The main topics are as follows: 1) modification of the basic concepts of the election system, 2) candidate nomination process, 3) election campaign funding and 4) ethical aspects of the election campaign. A comparison of legal adjustments of 14 EU countries with the direct presidential election (the Czech Republic, Bulgaria, Finland, France, Croatia, Ireland, Cyprus, Lithuania, Poland, Portugal, Austria, Romania, Slovakia and Slovenia) was done, in order to find appropriate solutions. Apart from the results of comparison, the dissertation is based on reports by GRECO, OSCE and the corresponding Czech judicature. In conclusion, the Czech adjustment of the presidential election meets every democratic principle, but, at the same time, contains many mistakes. Especially the queries of "election campaign...
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President of the Czech Republic
Janstová, Kateřina ; Pavlíček, Václav (advisor) ; Gronský, Ján (referee) ; Jičínský, Zdeněk (referee)
Otázka postavení prezidenta republiky v rámci ústavního systému je již od vzniku samostatného československého státu v roce 1918 předmětem odborných polemik, a to nejen v řadách ústavní teorie, nýbrž i ústavní praxe. V současné době nabyla na aktuálnosti v souvislosti s recentní judikaturou Ústavního soudu, resp. Nejvyššího správního soudu, jež nelze hodnotit jinak než jako průlom do tradičního pojetí prezidenta republiky jakožto hlavy státu. Právě uvedené pojetí reflektované v odborné literatuře a donedávna i v aplikační praxi jsem zvolila za výchozí pro zpracování této disertační práce. Jejím hlavním cílem je poskytnout ucelený pohled na postavení prezidenta republiky jakožto hlavy státu dle platné ústavní úpravy. V rámci zkoumání jednotlivých institutů jsem považovala za nezbytné zabývat se vývojem jejich ústavní úpravy, a to zejména s ohledem na skutečnost, že součástí platné ústavní upravy jsou vedle psaného práva rovněž ústavní zvyklosti, jejichž kořeny je třeba hledat právě v jednotlivých etapách ústavního vývoje. V tomto smyslu jsem se zaměřila především na ústavní úpravu zakotvenou Ústavní listinou, jež je s platnou ústavní úpravou často srovnávána a na níž dokonce ve svých rozhodnutích odkazuje Ústavní soud. Naopak ústavní úpravou stanovenou Prozatímní ústavou se vzhledem k její provizorní povaze...
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President of the Republic and his Relationship to the Executive Branch
Fuchs, Jan ; Pavlíček, Václav (advisor) ; Jirásková, Věra (referee)
RIGOROUS THESIS - SUMMARY President of the Republic and his Relationship to the Executive Branch The thesis analyses the current constitutional legislation concerning the position of the President of the Republic pursuant to Constitutional Act No. 1/1993 Coll., the Constitution of the Czech Republic; special emphasis is placed on the aspects of the relationship of the President to the executive branch of power, particularly the Government as a whole and its Prime Minister. For better clarity and also to provide a theoretical basis, the author gives a brief overview of the constitutional development of parliamentary democracy in the United Kingdom, France and the U.S.A. insofar as this is, in the author's opinion, necessary for better understanding of the current regulation of the position of the President within the Czech Constitution. Since the author is well aware of the substantial effect of historical regulations on the wording of the current Constitution (not only in terms of the office of President of the Republic), he also deals in his thesis with the developments of constitutional law since 1918, when the Czechoslovak Republic was founded as an independent state. The thesis aims to analyse the office of President of the Republic, along with his position and relationship to other constitutional...
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Direct democracy in the Czech republic
Pechanec, Pavel ; Pavlíček, Václav (advisor) ; Sládeček, Vladimír (referee) ; Jirásek, Jiří (referee)
The main topic of the presented dissertation is the direct democracy and its legal institutions incorporated in the legal order of the Czech Republic. The first part of the dissertation is dedicated to the democracy as a government form and to the historical breakthroughs in its development. The key historical milestones on the way from despotism, through the Athen democracy, followed by long period of democratic deficit, up to the renaissance of democracy during bloody revolutions are mentioned as well. Further attention is paid to the representative and direct democracy, their mutual compatibility and definition of basic elements within both conceptions. The second part is referred to the direct democracy legal institutions in the legal order of the Czech Republic. Historical commentary is followed by general interpretation de lege lata. The direct democracy legal institutions are pursued from the year 1918 to the present. Merely commentary on the petition law goes deeper into history. Within recent legislation it is being proceeded from larger to smaller (a maiori ad minus). Our attention is in the first instance focused on the direct democracy legal institutions in the constitutional order of the Czech republic. Subsequently, their implementation in so called "common legislation" is described,...
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The use of a capillary electrophoresis and capillary electrophoresis on chip for clinical research
Pavlíček, Václav ; Tůma, Petr (advisor) ; Pacáková, Věra (referee) ; Dlouhý, Pavel (referee)
Present the dissertation thesis on the topic "The use of a capillary electrophoresis and electrophoresis on chip for clinical research" is divided into two separate parts. The first chapter summarizes the problems of development new method of very rapid determination of uric acid and creatinine using capillary electrophoresis in human urine and serum, when the entirely original solution has been developed for implementation of very fast electrophoretic separations in a commercial electrophoretic apparatus. The separations were performed in a laboratory made capillary formed by connecting a 9.7 cm long separation capillary with inner diameter (d) 25 µm with an auxiliary 22.9 cm long capillary with d 100 µm. The coupled capillary is characterized by the effective separation path 8.3 cm (short-end injection mode) and the high electric field intensity around 2.3 kV per cm. The coupled capillary was tested at several high-speed analysis; i) the determination of creatinine in human urine, background electrolyte - 20 mM citric acid/NaOH, pH 3.0; ii) the determination of uric acid in human urine, background electrolyte - 20 mM MES/NaOH, pH 6.0. Under these experimental conditions, migration times of 12.2 s for creatinine and 8.6 s for uric acid were achieved and the attained separation efficiency was...
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The use of a capillary electrophoresis and capillary electrophoresis on chip for clinical research
Pavlíček, Václav
Present the dissertation thesis on the topic "The use of a capillary electrophoresis and electrophoresis on chip for clinical research" is divided into two separate parts. The first chapter summarizes the problems of development new method of very rapid determination of uric acid and creatinine using capillary electrophoresis in human urine and serum, when the entirely original solution has been developed for implementation of very fast electrophoretic separations in a commercial electrophoretic apparatus. The separations were performed in a laboratory made capillary formed by connecting a 9.7 cm long separation capillary with inner diameter (d) 25 µm with an auxiliary 22.9 cm long capillary with d 100 µm. The coupled capillary is characterized by the effective separation path 8.3 cm (short-end injection mode) and the high electric field intensity around 2.3 kV per cm. The coupled capillary was tested at several high-speed analysis; i) the determination of creatinine in human urine, background electrolyte - 20 mM citric acid/NaOH, pH 3.0; ii) the determination of uric acid in human urine, background electrolyte - 20 mM MES/NaOH, pH 6.0. Under these experimental conditions, migration times of 12.2 s for creatinine and 8.6 s for uric acid were achieved and the attained separation efficiency was...
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Vliv plemenné příslušnosti na masnou užitkovost býků v konkrétním podniku
Pavlíček, Václav
ABSTRAKT In this work I compared daily gain of intensive fattening beef meat bulls in a chosen farm. I was interested in: incoming weiht, average daily gain and weight during the fattening. Theoretical part points ohter aspects which influence fattening. I studied 3 groups a total of 81 bulls. Mainly these breeds were monitored Charolais, Simmental and Limousine hybrids. Charolais bulls had the highest daily gain which is 2,25 kg/day. The highest slaughter weight was the bull of Simmental. Keywords: daily gain, beef meat, fattening bulls, live weight, purebred breed, hybrid
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Legal status of foreigners in the Czech legal order from human rights perspective - legal restrictions and their application
Holá, Eva ; Pavlíček, Václav (advisor) ; Scheu, Harald Christian (referee) ; Jílek, Dalibor (referee)
in English In her thesis entitled Legal status of foreigners in the Czech legal order from human rights perspective - legal restrictions and their application, the author deals with very actual and socially necessary topic of the position of foreigners in the Czech legal order. The main aim of the thesis is to point out the contradictions between constitutional guarantees of fundamental rights and freedoms and their factual situation and to analyze these contradictions. In detail, the text offers analysis of many court decisions from the Czech Republic but also of relevant case-law of the European Court of Human Rights and Human Rights Committee. The author also draws her knowledge of decision-making from her ten- year practice in migration law. The thesis focuses mainly on the legal status of third-country nationals (TCNs), i.e. all non-EU nationals, as with the development of the EU, TCNs remain foreigners or aliens in the true sense of the word. It is true, that with the growing EU legislation on migration have TCNs have certainly gained a more solid status than international law had offered. Specially it concerns guarantees in residence proceedings and related social rights and right to reunification of the family members. However, in the last decades, EU states form their migration policies...
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