|
|
Anti-establishment Parties: Threat to Democracy or Chance to its New Equilibrium?
Červinka, Lukáš Lev ; Wintr, Jan (advisor) ; Přibáň, Jiří (referee) ; Pin, Andrea (referee)
(English) Anti-Establishment Parties: Threat to Democracy or Chance for Its New Equilibrium? The thesis focuses on the anti-establishment parties from the perspective of constitutional theory, also considering the sociological theoretical approaches of Niklas Luhmann, Charles Taylor, and Benedict Anderson. The primary purpose of the work is to explore how the establishment, as an empirical contextualisation of democracy and structural coupling between the state and the people, might be conceptualised and what role the political parties play in it. First, the thesis proposes a theoretical conceptualisation of establishment as a structural coupling between the constitutional identity of state and the popular identity of the political people. Both the state and the political people are understood as autopoietic organisational systems defined by their constitutional / popular imaginaries, which are articulated by their organisational structures. The work adapts the integrative theory of Rudolf Smend in the understanding of the organisational structure as a system of personal, procedural, and value elements. The role of the parliamentary parties is analysed through the examination of their legislative activity in parliament, using the holistic grading method to determine the anti-establishment rate of...
|
|
|
National identity as a corrective of the absolute primacy of European law
Benešová, Kristýna ; Tomášek, Michal (advisor) ; Scheu, Harald Christian (referee)
National Identity as a Corrective of the Absolute Primacy of European Law. The aim of this thesis is to analyse national identity within Article 4(2) TEU and the potential of such article to serve as a legal ground for derogation from obligation imposed by EU law. From a wider perspective, the thesis attempts to assess whether introduction of Article 4(2) TEU redefined the relation between national legal orders and EU law. The thesis is divided into three chapters. The first chapter deals with the pivotal principle of EU law primacy. The chapter explains two distinctive approaches adopted by the CJEU (absolute primacy) and the Member States (relative primacy). In the second chapter, the author firstly provides brief history of obligation to respect national identity in the Treaties. Secondly, she examines the content of term "national identity". The author claims that Article 4(2) TEU has a composite (pluralistic) structure, thus, the national courts and the CJEU plays different roles in application of the obligation to respect national identity. The national identity is inherently linked to the constitutional law of Member States, therefore, it must be defined by its constitutional courts. At the same time, the CJEU lacks the competence to interpret national identity as such, however, it is...
|
|
|
National identity as a corrective of the absolute primacy of European law
Benešová, Kristýna ; Tomášek, Michal (advisor) ; Scheu, Harald Christian (referee)
National Identity as a Corrective of the Absolute Primacy of European Law. The aim of this thesis is to analyse national identity within Article 4(2) TEU and the potential of such article to serve as a legal ground for derogation from obligation imposed by EU law. From a wider perspective, the thesis attempts to assess whether introduction of Article 4(2) TEU redefined the relation between national legal orders and EU law. The thesis is divided into three chapters. The first chapter deals with the pivotal principle of EU law primacy. The chapter explains two distinctive approaches adopted by the CJEU (absolute primacy) and the Member States (relative primacy). In the second chapter, the author firstly provides brief history of obligation to respect national identity in the Treaties. Secondly, she examines the content of term "national identity". The author claims that Article 4(2) TEU has a composite (pluralistic) structure, thus, the national courts and the CJEU plays different roles in application of the obligation to respect national identity. The national identity is inherently linked to the constitutional law of Member States, therefore, it must be defined by its constitutional courts. At the same time, the CJEU lacks the competence to interpret national identity as such, however, it is...
|
guest ::
