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Reflection of the Czechoslovak Constitution 1920 in The Constitution of the Czech Republic
Pažourek, Kryštof ; Stauber, Jakub (advisor) ; Charvát, Jan (referee)
The theme of the bachelor's thesis is the reflection of the Czechoslovak Constitution 1920 in the Constitution of the Czech Republic. The main goal of the thesis is to find out what were the main sources of inspiration in the creation of the Constitution of the Czech Republic and especially how much the current basic document of the state organization differs or on the contrary agrees with the Constitution of the Czechoslovak Republic adopted in 1920. In the first part, the thesis focuses on the historical context in the formation of the Constitution of the Czech Republic, especially describes the important social changes in 1989 and the subsequent disintegration of the federation. After understanding the historical context, the reader is acquainted with the process of creating and subsequent adoption of the Constitution of the Czech Republic. This part of the thesis also deals with the very sources of inspiration of the Constitution of the Czech Republic, namely historical, philosophical, and foreign sources. The second part of the bachelor thesis belongs to the comparison of the Constitution of the Czechoslovak Republic from 1920 and the Constitution of the Czech Republic. In this comparison, emphasis is placed on the legal, executive, and judicial powers, as well as on the overall concept of the...
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Right to Local Self-Government
Brož, Jan ; Pomahač, Richard (referee)
The dissertation thesis analyzes the right to local self-government as a right of utmost importance to democracy and rule of law. The thesis aims to delineate the right to self-government, including its European and constitutional dimensions, determine its content, and answer controversial questions surrounding it. The author firstly puts the right to local self-government in the historical context for the historical development since the 2nd half of 19th century has been determining for its current state. The author then focuses on the definition of the right to local self-government, its content, and its holders. To understand its contemporary interpretation, the author also analyzes its European and constitutional dimension in detail, bearing in mind that the European dimension is often overlooked by scholars. The result of the thesis is a complex and detailed definition of the right to local self-government with its content flowing from the European and constitutional dimensions.
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Constitutional consequences of the Lisbon treaty
Dekan, Jeroným ; Gronský, Ján (advisor) ; Reschová, Jana (referee) ; Svatoň, Jan (referee)
English abstract Constitutional consequences of the Lisbon treaty Work analyses constitutional implications of changes brought by the Lisbon treaty. In the first chapter, the beginning of the European integration is briefly described as well as the evolution of the European Union along with more detailed description of the negotiations and ratification of the Lisbon treaty. Second chapter contains information on constitutional characteristics of the European Union before the effect of the Lisbon treaty. Third chapter is aimed on the formal elements of the Lisbon treaty and contains thorough description of the global changes it has on the legal systems of the member states. Subject of the closing chapter is the effect the treaty have caused on the constitutional order of the Czech Republic. Foremost, integration provisions are analyzed, mainly with regards to the issues of state sovereignty, process of the ratification and approach of the Constitutional court of the Czech Republic to the preliminary assessment of the questions of mentioned sovereignty leading to the conclusion that even with the Lisbon treaty in effect, Czech Republic will remain sovereign country. Work is closed with short treatise on constitutional effects of respective changes enforced by the treaty approval on primary national legal...
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Inadmissibility amend the substantive requisites of the democratic law-abiding state
Hladíková, Martina ; Janstová, Kateřina (advisor) ; Preuss, Ondřej (referee)
This thesis is devoted to the inadmissibility amend the substantive requisites of the democratic law-abiding state. After the introduction of the concept of democratic rule of law itself, the author advances to the characteristics of the Constitution and its typology. Following is the definition of the concept and content of immutable requisites. Various opinion approaches to the immutable requisites as well as to the material outbreak of the constitution are presented along with the comparison to the preview of the problematics through the eyes of the Constitutional Court of the Czech Republic. In addition to the historical inquiry, the positivist and natural law view of this analyzed phenomena are outlined. Consequently, a comparison of the foreign legal regulation is performed (France, Germany, Italy, Portugal, Greece, Austria, Romania, Turkey and India). The conclusion of the thesis discusses the protection of the material outbreak of the Constitution with focusing on the question of the authority of the Constitutional Court of the Czech Republic to repeal constitutional laws and Melčák case, whose outcome was the abolition of the law because of the interference with the substantive requisites of the democratic law- abiding state.
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Constitutional conventions in the Czech Republic
Dragoun, Radek ; Brunclík, Miloš (advisor) ; Švec, Kamil (referee)
This diploma thesis focuses on constitutional conventions in the Czech Republic. Its aim is to analyze their role in the Czech constitutional system. The work focuses on five areas where the influence of constitutional customs is often spoken. Priority is given to exploring the places where several constitutional institutions are interwoven because it is precisely on them that the power of constitutional conventions is best documented. It focuses in particular on how the practices have been observed in the past and how other constitutional actors have responded. The thesis examines the influence of introducing the direct election of the president to constitutional conventions. A directly elected president may feel more legitimate, and in order to gain a stronger position for himself, he may tend to violate some constitutional conventions or try to introduce new ones. As a result, the finding that the Czech constitution is still a relatively new document and that there was not enough time to fully establish most of the constitutional conventions. However, some constitutional conventions are already becoming an integral part of the constitutional order, whose strength will be decided by the following years. If the constitutional actors - and especially the directly elected presidents - will continue to...
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Direct presidential election in Czech Republic : causes, conditions, consequences
Rabiňáková, Kateřina ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
The aim of this thesis is to analyze the process of changing the Czech Constitution from indirect presidential election to direct popular election. This happened in 2012 and it is the most significant change of the Czech Constitution since its adoption. The first chapter of this thesis focuses on characteristics of a president in the Czech Republic and his specific role in the constitutional political system, which is crucial for understanding the topic. The second chapter deals with the process of constitutional change from the indirect to popular presidential election. It describes the history of legislative bills from 1989 to 2012, when the last bill was passed by the Parliament. Also, this chapter introduces an expert discussion about this fundamental constitutional change, as well as its pros and cons. The arguments for a direct election are rare in expert discussion compare to the arguments which are against. The argumentation of the political representation is generally in favor of direct presidential elections. This is in a strong contrast with political scientists and constitutional lawyer's opinion. The strongest argument for a direct election was public demand. The fact that a direct election has no place in the parliamentary political system and has potential to deform the parliamentary...
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Theoretical and practical human rights
Mašková, Lucie ; Pikola, Pavel (advisor) ; Cvik, Eva Daniela (referee)
The thesis deals with the issue of basic human rights, which is based on the Charter of fundamental rights and freedoms. First of all, in the theoretical part is defined the concept of human rights, together with the historical development and the emergence of the first documents that guarantee fundamental rights. The following is a detailed analysis of the Charter of fundamental rights and freedoms. The next chapter deals with the system of judicial protection and is characterized by the Institute of the Ombudsman. In conclusion, the theoretical work is defined by statutory status on the labor market and which focuses on the prohibition of discrimination. The practical part is concerned with the status of women on the labor market. In this part, there is carried out the research on the basis of a questionnaire survey, which aims to determine whether people perceive a different position on the labor market. The questions that have emerged in the questionnaire, are processed into a graphs, and with each of them, there is a comment connected to it. There are also defined the economic indicators of employment rates, unemployment rates and economic activity of the population. On the basis of the evaluation of the results of the investigation are at the conclusion of the work of recommended proposals for solutions to improve.
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