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Emergency Governance in Czech Constitutional Context
Dienstbier, Jakub ; Kysela, Jan (advisor) ; Kudrna, Jan (referee) ; Kosař, David (referee)
Emergency Governance in Czech Constitutional Context Abstract This dissertation thesis focuses on emergency governance from the perspective of the constitutional theory, using the legal-positivist theory of normative institutionalism, the Planning Theory of Law and the findings of Czech (Czechoslovak) legal academia and practice. The first part of the thesis focuses on addressing the question: what makes emergency governance emergency? First, it introduces governance as an action that determines the conduct of a universal public institution - the state. This governance, like any action, is governed by descriptive and practical information that creates a certain picture of the world, a certain situation. To characterize emergency governance, the thesis imports the key role of a specific image of the world - an emergency situation, the suppression of which is the meaning and purpose of emergency governance. The thesis then characterizes an emergency situation as a present, urgent and unusually intense threat capable of causing harm to the referent object. Next, the thesis analyses issues related to the notion of emergency, such as the question of the type of reference object, the presumed short-term character and unpredictability of emergency situations, as well as the relation of the emergency situation to...
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