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Evolution of the interpretation and application of Article 9 of the Japanese Constitution in the context of security policy of Japan
Kraus, Lukáš ; Kysela, Jan (advisor) ; Syllová, Jindřiška (referee) ; Zbíral, Robert (referee)
Evolution of the interpretation and application of Article 9 of the Japanese Constitution in the context of security policy of Japan Abstract The main objective of this dissertation is to analyze an important constitutional and legal issue, which is the interpretation of Article 9 of the Japanese Constitution in light of the changing security policy of Japan, with particular emphasis on the passage of Prime Minister Shinzo Abe's controversial legislation in 2015. In addition to historical models of governance, the thesis describes the debate over the constitutional text and shows that while Article 9 was intended to be a safeguard against the re-militarization of Japan and the recurrence of wartime horrors, with new challenges, the United States sought to rebuild Japan's armed forces. Japan's LDP-dominated governments, however, citing the Cabinet Legislation Bureau's strict interpretation of Article 9, largely resisted these pressures, leaving security to its American ally and focusing on economic development. Radical constitutional reinterpretation and constitutional revision was hindered not only by the rigidity of the constitution but also by the structure of the political system, in which the proponents of the norm of antimilitarism had a significant role to play. The end of the Cold War, however,...
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Relationship between National Parliaments and the European Union
Grinc, Jan ; Kysela, Jan (advisor) ; Reschová, Jana (referee) ; Zbíral, Robert (referee)
Dissertation thesis "Relationship between National Parliaments and the European Union" examines the impacts of the European integration on the national parliaments - the limitation of their functions and powers, measures undertaken to compensate these limitation in both the EU and the national law and the new roles of national parliaments in the context of European integration. The point of departure of the thesis is the notion of representative democracy as a still unsurpassed concept of a legitimate exercise of public authority. National parliaments mainly fulfil the controlling and legitimising function in the EU affairs. To this end, they have various legal instruments at their disposal. The fulfilment of these functions is limited by political and legal factors stemming from the nature of parliaments as political, not professional bodies and from their role in the national constitutional systems. Special attention is paid to the role of national parliaments in the evolving economic and monetary union. The general findings are confronted with the legal regulation and practice in the Parliament of the Czech Republic.
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