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Constitutional guarantees of Impartiality of Judges and its Social connotations
Žižko, Igor ; Suchánek, Radovan (advisor) ; Janstová, Kateřina (referee)
Modern society is based on respect for the individual and at the same time it has created the institute of justice under which parties, in the interest of maintaining social cohesion, should resolve their disputes using the system of applying rights. The task of the judiciary is therefore to be an impartial arbiter, which is an absolute criterion for the acceptance of authoritativeness of this body, or more precisely the functionality and signification of this institute within the social contract. Only an unbiased judge can be the only guarantee for the nemo iudex in causa sua principles to be observed. The European Convention imposes on the states - members of the Council of Europe such legal conditions which guarantee every country the right for their affairs to be discussed fairly, in public and in a reasonable time limit by an independent and impartial court established by law which will decide about their civil rights and obligations or of any criminal charges raised against them. The Constitutional Order of the Czech Republic guarantees everybody the right to a fair trial conducted in accordance with the law before an impartial judge. Constitutional guarantees of fair legal proceedings before an impartial judge are supplemented with legal rules of the sub constitutional law. Yet, it is the...
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The Head of State in the constitutional system of the Czech Republic: de iure and de facto
Gřešák, Martin ; Gronský, Ján (advisor) ; Hřebejk, Jiří (referee)
Diploma thesis "The Head of State in the constitutional system of the Czech Republic: de iure and de facto" discourses both provisions, which integrate the institution of the president of the republic in constitution, and the virtual implementation of this uppermost authority in the state. At the beginning, the thesis deals with the historical dimension of the issue. It speaks of the general development and history of the office in Czech lands. Hereupon a depiction of the theoretical extent of this office follows. A large verge is devoted to the placement and the powers of the president in the constitution. The pragmatic part of the thesis consists of two case studies. The first one deals with the presidency of Václav Havel. The second one deals with the execution of the office by Václav Klaus. An extra attention is paid to the analysis of the accordance between the theoretical and pragmatic pursuance of the office of president of the Czech Republic.
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Trees in the Old Testament Considering the Mythology of the Ancient Near East
Loukotová, Kateřina ; Beneš, Jiří (advisor) ; Vymětalová Hrabáková, Eva (referee)
This work deals with the symbolism of trees in the Old Testament considering the mythology of the ancient Near East, using relevant literature, concordant exploration, and synchronic and diachronic analyses of biblical texts. It aims to present an intersection of the most important aspects of the appearance of trees in the Scripture, both in a literal and figurative sense. Drawing on work with biblical and mythological texts from the ancient Near East, it presents the tree as a comprehensible symbol with strong explanatory power, which constitutes its potential to contain even the most complex messages of the Scripture and of the human condition as such.
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Ukraine Constitutional reform in 2004 and Its Impact on the Development of the Country
Poloncarzová, Diana ; Šír, Jan (advisor) ; Zilynskyj, Bohdan (referee)
The thesis deal with the constitutional reform in Ukraine approved in 2004 There were optimistic expectations about the regime change and moving closer to the model of West European states in 2004. The scope is to identify whether Ukraine followed the path of democratic transition or remained as an unstable hybrid state. It is focused on constitutional changes of the following chapters - elections and referendum, parliament, president, council of ministers and redistribution of power between these roles and impact on legislation and executive power. The regime type is influenced by these changes. Ukraine was classified as an authoritarian regime during Kuchma's second term in the Presidential office. The political system had been changed in 2006 when the new constitution came to power. Between a various classifications the most common ones, which had been used, were a semi- presidential system or presidential-parliamentary system. The choice of improper political system could be one of the key reasons leading to the failure of democratisation of the country when attempted.
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Participation of the Executive and Legislative on War Powers After 9/11
Doskočil, Jan ; Hornát, Jan (advisor) ; Kozák, Kryštof (referee)
The subject of this thesis is a resolution titled "Authorization for Use of Military Force Against Terrorists" and its importance regarding the matter of war power of the President of the United States. This resolution was proposed by the President George W. Bush immediately after the terrorist attacks of 9/11, and Congress passed it with haste. It vested broad war powers in the President to the war on terrorism without the necessity of consulting Congress. This thesis' aim is to evaluate the importance of this resolution in the ever-evolving discussion about the participation of the executive and legislative branches on war powers. The thesis also analyzes the legality and legitimacy of the resolution according to the Constitution and the Founding Fathers' intentions while creating it. This thesis addresses these issues through analyzing diverse interpretations of the Constitution, statements made by the Framers of the Constitution, and through examination of the development of war powers in the second half of the 20th century.
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Position and role of the Czech Senate twenty years after its creation
Rameš, Jan ; Perottino, Michel (advisor) ; Brunclík, Miloš (referee)
This thesis is dealing with the problematic position of the upper house of the czech Parliament. In this thesis author is operating as with primary literature (i.e. laws and historic constitutional documents) in analysis historical moments of the czech parliamentarism, so with direct observation of the members of the Senate (in 11th term). Author was focusing himself on direct observations of the senate committees and plenary session of the Senate. With great help of the Senate's staff and senator Jaromír Jermář, all the members of the Senate was addressed with author's request to participate in research. Results of this research are basic cornerstone in order to answer the questions in the introduction about the sense and the role of the upper house of the czech Parliament. First chapter represents an introduction, where are the most important sources, metodology, questions entitled and this problematic is basically explained. Second chapter is aiming on the theoretical concept of the bicameral parliaments. Third chapter is profoundly analysing the historical experience of the Czech state with the second chambre parliament. Fourth chapter is, finally, analysing the representational, constitutional and legislative-controlling functions of the Senate toward the executive. Fifth chapter is...
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The First Constitution of the Republic of Cyprus and Its Effect on the Escalation of the Greco-Turkish Ethnic Conflict
Kincl, Martin ; Tejchman, Miroslav (advisor) ; Králová, Kateřina (referee)
The First Constitution of the Republic of Cyprus and its Effect on the Greco-Turkish Ethnic Conflict Abstract The main purpose of this paper is to assess the impact of the first Cypriot constitution of 1960 on the following inter-ethnic violence, which broke out in 1963. Explanation of all the relevant political crises of the early Cypriot Republic right until the meltdown of the constitutional system, provides for a wider context in which a line can be drawn between the provisions stated by the constitution and the resulting local Greco-Turkish ethnic conflict. The first half of this thesis comprises a rather theoretical view of the constitution, whose certain articles are cited whenever needed. It also includes some information about the historical and political background, summing up the causes behind the proclamation of independence itself, as well as the final shape of many controversial provisions offered by the constitution. The second half sheds some light on the complex political crises caused in part by the reluctance of both national communities to co-operate when governing the state, in part by the very system outlined by the constitution. A few of the last sub- chapters deal with the aforementioned ethnic conflict of 1963 onwards, provoked by a then president Makarios' attempt to amend the...
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Magna Charta and It's Road Through English (British) Constitutional History
Černík, Přemysl ; Kovář, Martin (advisor) ; Soukup, Jaromír (referee)
This thesis takes a look at the most important traces Magna Carta has left on its peculiar road through constitutional history. It also analyzes the facts, motifs and contemporary opinions that concern the document through the prism of present-day critical perspective and tries to connect events in a retrospective way, using knowledge, acquired and shared, by modern historians, political scientists and sociologists. The main focus is to illustrate Magna Carta not merely as a legal document, which has in consequence largely contributed to the formulation and codification of basic rights of individual human beings, but also as a metamorphic phenomenon, that on many occasions has turned out to be a powerful pacifist weapon in the hands of great historical minds. The thesis uses a platform from the three most important time periods when the document was brought to light, adapted to the current situation, and used in order to help to enforce political changes. Along with the historical, political and legal importance, the thesis also concentrates on the social, philosophical, and sentimental value of Magna Carta. The work is divided into three principal parts. The first one deals with the origin of Magna Carta in 1215. It provides the historical background for the events accompanying the formation of...
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Status of Deputy of the Czech Parliament in legislative process
Kočí, Kristýna ; Bureš, Jan (advisor) ; Wintr, Jan (referee)
The main purpose of my thesis entitled "The legislative process - the role of Members of Parliament" is to analyze the process of preparing, making and passing laws by the Parliament of the Czech Republic, focusing on the role of Members of Parliament in the legislative process (including comparisons between members of the coalition, opposition and non- attached) and provide a comparison theory, therefore, the possibility of the constitution and other laws and actual practice.
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A comparison of constitutions of Islamic Republic of Iran and Republic of Iraq
Sladkovský, Daniel ; Kropáček, Luboš (advisor) ; Ťupek, Pavel (referee)
(in English): This bachelor thesis deals with comparison of valid and effective constitutions of Islamic Republic of Iran and the Republic of Iraq. This work decribes political-constitutional development of both countries since their emergence as modern states. The main issue is description of basic constitutional institutes in both constitutions and subsequently comparison of differences and similarities. The conclusion contains a summary of the reflection over functionality of both documents in the political life of their countries.
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