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Comparative analysis of Czech and Spanish constitutional regulation of the legislative power and analysis of relevant legal terminology
PETKOVÁ, Barbora
The aim of this bachelor thesis is to present and compare the legislative power of the Czech Republic and the Kingdom of Spain. This topic is introduced by the description of the constitutions of both compared countries. Moreover, the separation of powers and the structure and history of the constitution of each country are described. The chapters of the thesis are structured in the following way: after an introduction to the constitutional system of both countries, the legislative power comes into focus. A detailed description of each parliamentary chamber, the legislative process and its results in the form of legal regulations is presented. The comparative analysis based on these parts is made in the following section, whilst the last section of the thesis is dedicated to the analysis of the corresponding juridical terminology. The bachelor thesis is concluded with a bilingual glossary and a résumé in Spanish.
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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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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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Constitutional development in American colonies
Lazár, Tomáš ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
Constitutional Development in American Colonies (Summary) This thesis pertains to constitutional development in North American Colonies in the respective historical context. The thesis is structured chronologically, commencing with the early attempts of British colonization in the 16th century, and follows through the 17th century to the adoption of the Constitution of the United States of America in 1789. Moreover, the thesis also reflects the geographical aspect, focusing first at New England Colonies, then at Mid Atlantic colonies, and finally at Southern Colonies, proceeding in the usual way from the North to the South. The beginning of the thesis (the second chapter) indicates the English colonization attempts in the 16th century and the Royal Patents issued by the King, which authorized their holders to take over and colonize new territories.The third chapter deals with the beginnings of New England Colonies and the continuous development of their central administration bodies, pointing at the content of selected significant constitutional documents of this period. In the fourth chapter, the thesis focuses at the constitutional development of New England Colonies in the second half of the 17th century, which was completed by the creation of unified administration of all colonies in this area in the...
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French Republic and its position in the World
Čupka, Mikuláš ; Barša, Pavel (advisor) ; Vargovčíková, Jana (referee)
The purpose of this thesis is to describe V. French Republic, its unique mode of operation and particularly the position of president, as a characteristic symbol of semi- presidential systems. The beginning of the thesis and its first chapter is devoted to historical conditions and circumstances that led to the creation of the Fifth Republic. Afterwards, the work describes basic political institutions of the French system. The second part of the work deals with various theories of the semi-presidential systems and understanding of the French prototype within these definitions. The third chapter then compares the political practice in the United States and France. Likewise it compares the two kinds of presidents in those countries. Finally, the theme of the final chapter is French president's ability to govern as a modern "monarch" within the V. French Republic. Keywords V. French Republic; Semi-presidential system; cohabitation; President; Prime Minister; Political culture; United States of America; constitution
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Pre-reflexive Self-relation of Consciousness and Constitution of the "Ego". Husserl and Sartre
Matoušek, Josef ; Novotný, Karel (advisor) ; Zika, Richard (referee)
The study concentrates on possible connection between phenomenological thought of Edmund Husserl and Jean-Paul Sartre by focusing on the way by which each of them frames pre-reflexive self-awareness of consciousness and its role in the process of constitution of the identity of the "Ego" as a subjective pole. Essential motivation derives from the effort of highlighting those moments of Husserl's thinking, which might have been or actually were a source of inspiration for Sartre and the formulation of these concepts in the early stages of his career. Subsequently, the quest is to clarify the scale of this inspiration and to shed some light on the question whether Sartre did not push his constructions over the boundaries of the scientific field set by Husserl. The study also incorporates several of Husserl's works which are in their conclusions tending to go against those presented as a possible source of Sartre's inspiration. That is done in order not to simplify the ambivalence of Husserl's work over the acceptable limit as well as to emphasize the nature of the investigations preferred by Sartre. These investigations lead in his work to the conceptualization of human existence as necessarily free, which is the conclusion of the presented study. Key words: Husserl, Sartre, consciousness,...
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Czech and Austrian media law with emphasis on austrian media act
Poláková, Pavla ; Benda, Josef (advisor) ; Hanák, Peter (referee)
As a result of current, historically unparalleled, media development, the states of European Union are forced to deal with new fundamental questions in the area of media regulation. Those questions are mainly; (i) can legislature of the EU member states react quickly enough to the technological development and (ii) how does the EU media legislative affect law of member states? In the presented work, answers to the above mentioned questions are based on a commented comparison between sources of the media law in Czech and Austrian constitutional systems. Besides the comparison, the work contains also an explanation of the basic concepts of the legal theory as well as a brief introduction to the historical development of the media law in both the countries. To the best of authors' knowledge, the present study is the first work aimed at comparing the media law of Czech Republic with another EU member state and it may be used as a basis for a discussion on a topic of Czech media law quality.
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Comparison of U.S. and Mexican approach to freedom of speech
Drhlíková, Eva ; Kozák, Kryštof (advisor) ; Raková, Svatava (referee)
Freedom of expression is a fundamental human right which is important not only for the intellectual integrity of an individual but also for the healthy development of the whole society. The work represents both general arguments for freedom of expression and codification of freedom in two different legal cultures. In the United States the freedom of expression is protected by the First Amendment of the Constitution, which complements the rich jurisprudence of the Supreme Court of the United States. In Mexico, the right is regulated in Article 6 of the Constitution. The work shows how both countries reached the current legislation on the basis of examination of legal developments and cultural values. The values of the societies are presented on the basis of Hofstede's cultural dimensions. The core of the thesis is to compare the legal limits, which is made primarily on the basis of judicial practice of the Supreme Courts of both countries. Emphasis is placed on four main areas which are related to freedom of speech: (i) fighting words including hate speech, (ii) symbolic speech, (iii) obscenity, and (iv) defamation. In addition to the legal limits the work interprets also the most significant actual limits in both countries. Finally, the author examines the relationship between freedom of expression and...
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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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