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The Role of the Constitutional Court in the Political System of the Czech Republic
Kučerová, Marie ; Bureš, Jan (advisor) ; Koubek, Jiří (referee)
The Constitutional Court of the Czech Republic is incorporated in the system of the supreme state authorities and is responsible for the protection of constitutionalism. The aim of the thesis is to evaluate the role of the Constitutional Court of the Czech Republic in the political system of the Czech Republic on basis of delimitation of function thereof, and of basic relations to other state power bodies. The subject matter of the first part of the thesis is characteristics of the constitutional justice and the significance thereof in a democratic constitutional state. This interpretation also includes comparison of two principal models - a diffusion model, and a concentrated constitutional justice model. The basic idea of the thesis is to explore the characteristic position of the Constitutional Court between the law and the politics, it deals with political aspects of constitutional justice. The thesis is based on constitutional approach and aims to answer the question of how much the relation of the Constitutional Court towards the politics is determined by the system (institutionally, functionally). The main part of the thesis analyzes incorporation of the Constitutional Court into the system, the position of the Constitutional Court as an independent body of judicial power, and the relations...
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Positive and negative conceptions of human rights
Blažková, Kristina ; Kühn, Zdeněk (advisor) ; Ondřejek, Pavel (referee)
The aim of this thesis is to analyse the protective function of constitutional rights as compared to the traditional defensive function. Whereas the defensive function of constitutional rights requires that the state does not interfere with and respect the constitutional rights of the individual, the protective function requires the state to act to promote and protect constitutional rights. The problematic is examined primarily through the case-law of three foreign supreme jurisdictions, i.e. the Supreme Court of the United States of America, the Federal Constitutional Court of the Federal Republic of Germany and the European Court of Human Rights. In the broader perspective the thesis aims to assess the approach taken by the Czech Constitutional Court in relation to this problematic. The protective function of constitutional rights is explored through the perspective of the individual and through the perspective of the system. The thesis is divided into four chapters. In the first chapter, the author clarifies fundamental theoretical concepts used in the thesis. The positive and negative concept of constitutional rights is closely connected to the two concepts of freedom as developed by I. Berlin in his famous essay Two Concepts of Freedom. The protective function also represents a specific legal...
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Constitutional Judiciary in Spain
Borská, Nela ; Mlsna, Petr (advisor) ; Suchánek, Radovan (referee)
Summary: Constitutional judiciary in Spain The subject of this thesis is constitutional judiciary in Spain. According to the Spanish Constitution of 1978 Spain belongs in the group of states which have established a system of concentrated and specialized constitutional judiciary. In the Czech legal literature is the Spanish constitutional judiciary mentioned mainly as a system based on the German constitutional judiciary, writings dedicated exclusively to the Spanish system are not very common. In spite of the fact that the legislative regulation of the Spanish Constitutional Court was really importantly inspired by the regulation of the Federal Constitutional Court of Germany (especially in the area of competencies of the Constitutional Court), there are also some significant particularities and typical features of the Spanish Constitutional Court which can be an interesting subject of an analysis. The aim of the thesis is to provide a characterization of the Spanish constitutional judiciary. Because of the limited length of the thesis this study does not contain a detailed analysis of all aspects of the Spanish constitutional judiciary. I have focused only on some topics of the Spanish constitutional judiciary, particularly on the topic of the position and the importance of the Constitutional Court in the...
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Comparison of constitutional judiciary in the first Czechoslovak Republic and current constitutional judiciary
Jiráková, Gabriela ; Hřebejk, Jiří (advisor) ; Janstová, Kateřina (referee)
Comparison of constitutional judiciary in the first Czechoslovak Republic and current constitutional judiciary The aim of the thesis is a comparative analysis of the constitutional judiciary in the first Czechoslovak Republic and the today's Czech Republic. Each chapter is structured to describe the institution of the Constitutional Court which has been representing the most important protection of constitutional values. The research design of the thesis is explained in the chapter "Methodology". It serves for better orientation and understanding of the diploma thesis. The paper is divided in eight chapters. Introduction describes the basic concepts of the Constitutional Court and the author's hypothesis about the results of the analysis which outline large differences between the two Republics. Following chapters compares the two Constitutional Courts in terms of organizational structure (internal structure, budget, seat), the appointment mechanisms of the judiciary (conditions, process). It also offers the list of powers of the Constitutional Court and it describes the constitutional practices of constitutional judges within each historical period. The work also includes a brief historical summary that discusses the genesis of the idea of constitutional justice and the sources that inspired Czech...
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The position of the Supreme Court in the American political system and the significance of its decision-making for the political procedure in the USA.
Zástěra, Martin ; Pithart, Petr (advisor) ; Kysela, Jan (referee)
The thesis "Role of the U.S. Supreme Court in American system of government and the importance of Court's decisions for the political process in the United States of America" deals with the institutional role U.S. Supreme Court has in American system of government and puts emphasis on Court's decisions and their practical consequences on the politics in the United States. In history of the country the Court was an influential decision-making body on many occasions. Although shortly after the federation was established many intended to put the Court in position where weak powers given to it would not enable the institution to fully play its role of the guardian that keeps an eye on the constitutionality of adopted laws, at the beginning of the 19th century the Court found its place and became exactly what it was originally intended to be. Decision in Marbury v. Madison gained the Court the crucial power of judicial review. The power of judicial review completely changed the role of the institution that finally became the guardian of the Constitution. This thesis outlines the institutional position of the judicial branch and especially the position of the Supreme Court in American system of government. It also focuses on the political aspects of the nomination process of Supreme Court Justices and...
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Does judicial activism endanger the constitutional order of the CR?
Bartonička, Jan ; Hřebejk, Jiří (advisor) ; Hofmannová, Helena (referee)
It is often accentuated - not only by legal scholars, but also by political scientists - that law, politics, and society in the modern West have been marked by the increasing power of the judge. Therefore in my thesis I have decided to describe the current problems in the constitutional judiciary, including the issue of the so-called goverment of judges (or judicial tyranny) and the role of constitutional courts and judges in modern society. Needless to say, my work is based on extensive use of the fundamental book "Constitutional Courts and Democratic Values: A European Perspective" written by Victor Ferreres Comella, which provides the most detailed analytic description of the centralized model of constitutional review currently available. My thesis consists of an introduction, four chapters and a final conclusion. In the first chapter, the history of Czechoslovak and Czech constitutional judiciary is described from the beginning in the 1920s to the birth of the Czech Republic in the 1990s. In the second part of my thesis, the models of constitutional judiciary in contemporary world in brief are dealt with. French, American and German model are characterized and the specific way in which they function is investigated. In the third chapter I focus on the so-called problem of judical republic,...
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Identity and Universality of Legal Cultures in Eastern Europe
Slavík, Matěj ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee)
1 Identity and Universality of Legal Cultures in Eastern Europe Abstract Submitted thesis explores the topic of possible approximation among East European legal culture and common law legal culture. As an indicator supporting or dismissing the trend in question serves a qualitative as well as quantitative analysis of the comparative argumentation in the case law of constitutional courts of five East European countries: Russia, Hungary, Poland, Romania and the Czech Republic. Firstly, the thesis explains the concept of legal culture, underlines its critique and introduces it as a fitting theoretical framework for a detailed study of constitutional comparative argumentation. The comparative argumentation and its theoretical outline are in the center of the subsequent part of the thesis which also tries to describe effects of socialist legal culture on legal argumentation before courts in the region of Eastern Europe. The comparative argumentation is then introduced as a relatively important but also an overlooked method of legal argumentation, at least in the region in question. Following these findings, the occurrence and methodological quality of comparative analysis in the case law of constitutional courts is established as a suitable indicator of potential approximation of examined legal cultures. The...
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The Role of Constitutional Courts in Maintaining Political Stability in Latin America
Langhammerová, Šárka ; Střítecký, Vít (advisor) ; Lipovský, Milan (referee)
This thesis concerns the role of constitutional courts in maintaining stability in the country. The thesis first of all introduces the connection between the concepts of stability, security and democracy. With the help of the general theory of disputes and conflicts formed by Shonholtz and the definition of the various roles that courts can play with respect to a political system, this thesis attempts to outline how courts can contribute to security and stability in the country or how they, on the contrary, can disrupt it. In the practical part, the thesis focuses on the region of Latin America. Using the examples from selected countries (Bolivia, Venezuela and Argentina), this work tries to demonstrate the effect of decisions of constitutional courts on stability and security. Crucial in the assessment of their stabilization role is if the courts are able to evoke civic trust in a democratic system and if they have the ability to protect the system effectively. The role of courts in selected cases is assessed using the functional analysis.
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Horizontal Effects of Human Rights
Schreiberová, Jarmila ; Ondřejek, Pavel (advisor) ; Wintr, Jan (referee)
The aim of this thesis is to analyse the issue of horizontal effect of human rights, i.e. whether and how they affect the fundamental rights and freedoms of individuals in private law relationships. With the development of society associated with expansion of the catalogue of human rights and with strengthening of their protection, we are witnessing infiltration of human rights into other legal areas than they were present in previously. This raises many questions about their application in such areas, especially questions about the holders of the obligations resulting from those rights. The thesis is divided into three chapters. In the introductory chapter the author describes the theoretical basis of human rights, the concept, development, and especially their specific nature and function compared to conventional legal norms, which is relevant for subsequent correct understanding of their application in horizontal relationships, which is the theme of the second chapter of the thesis. In the second chapter, the author focuses on the horizontal effect of human rights itself. The chapter describes the application of human rights in horizontal relationships, and then focuses on horizontal legal relationships and recipients of human rights as holders of the obligations resulting from those rights. The...
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Positive and negative conceptions of human rights
Blažková, Kristina ; Kühn, Zdeněk (advisor) ; Ondřejek, Pavel (referee)
The aim of this thesis is to analyse the protective function of constitutional rights as compared to the traditional defensive function. Whereas the defensive function of constitutional rights requires that the state does not interfere with and respect the constitutional rights of the individual, the protective function requires the state to act to promote and protect constitutional rights. The problematic is examined primarily through the case-law of three foreign supreme jurisdictions, i.e. the Supreme Court of the United States of America, the Federal Constitutional Court of the Federal Republic of Germany and the European Court of Human Rights. In the broader perspective the thesis aims to assess the approach taken by the Czech Constitutional Court in relation to this problematic. The protective function of constitutional rights is explored through the perspective of the individual and through the perspective of the system. The thesis is divided into four chapters. In the first chapter, the author clarifies fundamental theoretical concepts used in the thesis. The positive and negative concept of constitutional rights is closely connected to the two concepts of freedom as developed by I. Berlin in his famous essay Two Concepts of Freedom. The protective function also represents a specific legal...
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