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Politics and legislation. Czech Parliamentary Culture 1993 - 2010
Wintr, Jan ; Znoj, Milan (advisor) ; Kysela, Jan (referee) ; Znoj, Milan (referee)
S u m m a r y The study is focused on the real activity of the Parliament of the Czech Republic since the establishment of the Czech Republic in the year 1993. Central idea of parliamentary culture describes rules, customs, manners a behavior, which are typical for a particular Parliament. Two ideal types are introduced by this study: regulated and improvised parliamentary culture. For the first one is typical the direction of parliamentary activity: agreements between parliamentary groups over the course of the session and the debate, a strong role of the Speaker or parliament presidium, an attractive debate with changing speakers for and against, a possibility of a interrupting questions (Zwischenfrage), but also a dominance of frontbenchers. Model cases are the House of Commons of the United Kingdom and the Bundestag. On the other hand an improvised parliamentary culture is more free and chaotic, the daily agenda is often result of a force vote and always can be changed, the order of speakers depends only on order of applications, it can not be voted for the end of debate, it is not allowed to interrupt the Speaker with questions and the factual possition of the Speaker is rather weak. All this is typical for the Chamber of Deputies of the Parliament of the Czech Republic. These considerations are the...
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Parliamentary immunity in the Czech political system
Jareš, Jakub ; Bureš, Jan (advisor) ; Wintr, Jan (referee)
The thesis "Parliamentary Immunity in the Czech Political System" examines the history of parliamentary immunity in the Czech lands from 1848 until today. Primarily, it focuses on allowing prosecutions of deputies and senators and the attempts to reduce immunity in the Czech Republic after 1993. The thesis looks in detail at the provisions on immunity in the constitutions which were in force in the Czech lands after 1848; it also gives an overview of the cases of allowing deputy prosecutions during 1918-1938 and under the communist rule (1948-1989). In addition, the thesis includes chapters on the origin and legal implementation of parliamentary immunity, on its broad definition and on the immunity provisions in the constitutions of other countries.
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The role of the senate in the Czech political system from 1996 to 2006
Kouřimský, Jan ; Wintr, Jan (advisor) ; Bureš, Jan (referee)
The aim of this bachelor's work is to introduce a political and organization development of the upper chamber of the Czech Parliament. The monitored period includes mainly the operation of the chamber from 1996 to 2006 but as well the political negotiations forgoing the establishment of the Czech Senate. The work evaluates an activity and cooperation of the Senate with the Chamber of Deputies within the legislative field during the individual function periods, the senate initiative regarding the acceptance of own draft laws, negotiations regarding naming of new constitutional judges. Another point is a familiarization with the profession qualification of individual senators, familiarization with its influence on functioning of the upper chamber and with the prospective impacts on the Senate shape in the future. In the final part this work assesses the election results and composition of the political senate clubs during the individual chamber function periods. A part of this work creates an elementary analysis of the voters election behavior and of the reasons that can lead to a weak participation in elections. There are proposed recommendations for a possible chamber transformation and for increasing of the citizen's interest in functioning of the Senate of the Parliament of the Czech Republic.
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The development and differentiation of Islamic law in Near East countries
Janoušková, Tereza ; Wintr, Jan (referee) ; Maršálek, Pavel (advisor)
Resumé Development and differentiation islamic law in countries of the Middle East Islamic law influences to a greater or lesser extent the nature of the system of governance in every Muslim country, the legal system and the social order in general. The aim of my work was to make an introduction to Islamic law, as seen from the angle of its historical evolution, sources and differentiation in evidence in every Muslim country in the Middle East. In the first chapter I defined the term the Middle East. This term is frequently used in the media but it is not always correctly interpreted. This is followed by a chapter devoted to the development of Islamic law, where I examined the main periods in its genesis, from the first appearance of Prophet Muhammad and the rule of the first four orthodox Caliphs, the dynasties of the Umayyads and Abbasids, to the advent of the Ottoman Empire. To the character of Islamic law I dedicated the fourth chapter, which describes its dominant features, so that the reader can put together a picture of how Islamic law should be approached. In the chapter on the sources of Islamic law I focused my attention on the four principal sources, i.e. the Qur'an, the Sunnah, and the consensus of scholars and analogies. I equally paid attention to some supplementary sources and methods that...
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Virtual property
Mach, Petr ; Kühn, Zdeněk (referee) ; Wintr, Jan (referee)
Virtual property Resumé Private property is a natural law and the legal concept of ownership is known to mankind from time immemorial. Perception of the opbject of property has evolved through historici periods from an strictly tangible thing into intangible assets such as intellectual property . This advance was facilitated by technological progress - shortly after inroduction of Guttenberg's printing press the law started to recognize rights in intangible assets, such as creations of one's mind. Today, in the age of information Technologies, the scientific progress gave birth to a brand new world. A world outside the borders of our tangible reality, existing only in betwenn a computer network. This new synthetic world, the cyberspace, has become an alternative reality for many. In this new social enviroment, millions of people come to interact in a completly new way. And where pleple interact, social relations emerge. If those relations have a certain degrese of intensity or quality, they can be considered legal relations. In tis study I focused on a specific kind of such relation - ownership of virtual assets. Virtual property is a new phenomenon, that is rapidly gaining significance. These new kinds of property interests are being created, used and traded in the same way as traditional property. I have...
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Discrimination on grounds of sex and legal limits
Pukovcová, Kateřina ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee)
SEX DISCRIMINATION AND THE LIMITS OF LAW The thesis deals with sex discrimination from a theoretical point of view, it does not offer simple answers, but tries to bring proposals to improve current inconvenient estate of treatment of men and women, which can't be considered to be equal. Generally equality is one of the basic values in society, but it is difficult and is failed to fulfill this principle. The main reason is that people follow prejudices and can't get over them. Formal equality of men and women before the law was reached, but factual inequalities persist. That is why a special effort is justifiable and essential to enforce equal treatment. Level of achieved equality indicates progressivism of a country and standard of living generally. If, in case of women, more than half of a population is out of impact, sources and human dignity, democracy is not perfect and faultless. Therefore it is necessary to find and eradicate the latent barriers, change people's attitude and get the prejudices out of their minds. The thesis consists of four main chapters. First chapter concerns terms equality and discrimination and shows their uncertainty, describes various conceptions of equality and direct and indirect discrimination. Second chapter explains necessity of enforcement of equal treatment with men and...
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Return to ontologic understanding of natural law
Kvapil, Lukáš ; Kysela, Jan (referee) ; Wintr, Jan (advisor)
Jde též o tuto společnost. Jestliže nebojuje za své členy, kteří za ni bojují, je k ničemu. Pokud zná svou hodnotu, v zájmu jejího přetrvání obětuje jednotlivce, kteří ji ohrožují. Tak tomu bylo vždy ve všech společnostech, které chtěly přetrvat. Jde jen o to, že například za komunismu režim likvidoval ty, kteří společnost ani její členy neohrožovali a chtěli naopak její zlepšení. Vládnoucí elita však nesnesla kritiku a tak odstranila její nositele. Zaměnila však zásadním způsobem hodnoty. 6. Závěr a poděkování Mým tématem byl návrat k ontologickému pojetí přirozeného práva. K čemu jsem se ale vlastně vracel? Z vědců se k němu hlásili převážně filosofové, jejichž pojetí bylo výrazně užší, než jak jsem ho vypracoval já. Nevracel jsem se ale primárně k pojetí jednoho autora, ale k pojetí ideálnímu. Protože to však není rozpracováno ve větší míře, alespoň jak by bylo žádoucí, byl můj návrat spíše jen prvním pokusem o důkladnější prozkoumání přirozeného práva z ontologického pohledu, hlavně co se materie týče. Omezil jsem se z toho důvodu na otázky palčivé a sporné. Pozitivní vymezení, oproti negativnímu, je navíc opravdu náročné.165 Dávám proto ke zvážení, že jsem do jisté míry musel prezentovat a obhajovat vlastní názory, které nejsou ani současnou vědou definitivně objasněny a uzavřeny, často dokonce sporné....
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Alternative dispute resolution with emphasis on consumer protection
Horn, Kryštof ; Kořánová, Helena (advisor) ; Wintr, Jan (referee)
The thesis describes the concept of alternative dispute resolution (ADR) and it's various methods in the theoretical introduction. It describes the new draft law on mediation and the amendment to the Arbitration Code. Then it focuses on the methods of ADR concerning consumer disputes, and finds that not all of them are actually used. For example the ADR Project run by the Ministry of Industry and Trade has never been used much and is currently in decline. Neither the institute of the Financial Arbiter is a key venue for consumer disputes resolution. In the practical part relatively frequent use of the arbitration proceedings is found. The thesis provides practical analysis of several factual contracts, interviews with judges and practitioners as well as other findings from the scientific debate concerning the appropriateness and dangers of arbitration in consumer disputes.
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