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Right to Local Self-Government
Brož, Jan ; Pomahač, Richard (referee)
The dissertation thesis analyzes the right to local self-government as a right of utmost importance to democracy and rule of law. The thesis aims to delineate the right to self-government, including its European and constitutional dimensions, determine its content, and answer controversial questions surrounding it. The author firstly puts the right to local self-government in the historical context for the historical development since the 2nd half of 19th century has been determining for its current state. The author then focuses on the definition of the right to local self-government, its content, and its holders. To understand its contemporary interpretation, the author also analyzes its European and constitutional dimension in detail, bearing in mind that the European dimension is often overlooked by scholars. The result of the thesis is a complex and detailed definition of the right to local self-government with its content flowing from the European and constitutional dimensions.
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Consequences of the direct presidential elections for the Czech political regime
Kocourek, Jan ; Brunclík, Miloš (advisor) ; Švec, Kamil (referee)
Primary aim of this thesis is to describe the effects of direct elections on the nature of the political regime in the Czech Republic. Specifically, author focus on the distinctive attributes of various forms of government, which are then applied to the current state regime in the Czech Republic after the introduction of direct presidential elections and whether it effectively means a transition from parliamentary to semi-presidential regime. Historical analysis of the presidential office in the Czech countries describes the phenomenon of its extraordinary role and respectability, which is reflected in the contemporary political realities and have a major influence on the functioning of the state. Theoretical analysis deals with impacts introduction of the direct presidential election had on the constitutional order of the Czech Republic and disproves various arguments, which once lead to its legislative implementation. Using a descriptive analysis of the behaviour of the first directly elected president Miloš Zeman, author tries to unveil actual jurisdictional disputes between him and other elements of power. The result is a detailed description of the existing cooperation between individual people and institutions of power within the regime and its final character assessment accompanied by...
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Foreign Influences in Constitutional Law
Léko, Kristián ; Hofmannová, Helena (referee)
Kristián Léko: Foreign Influences in Constitutional Law Comparative method has become one of the main trends of contemporary law. Constitutional law is no exclusion. Foreign law is often used as an inspiration in drafting, amending and interpreting of modern constitutions in many states, as well as in the Czech Republic. This thesis illustrates this fact on practical examples and creates a theoretical basis in Czech, with stresses on history, taxonomy and methodology. The first two chapters analyse the history and importance of both general comparative law (Chapter 1) and comparative constitutional law (Chapter 2). Chapter 3 analyses some methodological aspects of comparative law and Chapter 4 shows several patterns, how, when and where can foreign law have influence on domestic legal systems. The last three chapters examine three situations of foreign influence - constitutional drafting (Chapter 5), constitutional amendments (Chapter 6) and constitutional interpretation (Chapter 7). In all these chapters, basic theoretical and comparative background is set and then Czech and Czechoslovak examples are being analysed. It is possible to sum up that Czech constitutional drafters, amenders and interpreters (constitutional judges) are all using foreign arguments in some degree. However, there is no common...
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Foreign Influences in Constitutional Law
Léko, Kristián ; Hofmannová, Helena (referee)
Kristián Léko: Foreign Influences in Constitutional Law Comparative method has become one of the main trends of contemporary law. Constitutional law is no exclusion. Foreign law is often used as an inspiration in drafting, amending and interpreting of modern constitutions in many states, as well as in the Czech Republic. This thesis illustrates this fact on practical examples and creates a theoretical basis in Czech, with stresses on history, taxonomy and methodology. The first two chapters analyse the history and importance of both general comparative law (Chapter 1) and comparative constitutional law (Chapter 2). Chapter 3 analyses some methodological aspects of comparative law and Chapter 4 shows several patterns, how, when and where can foreign law have influence on domestic legal systems. The last three chapters examine three situations of foreign influence - constitutional drafting (Chapter 5), constitutional amendments (Chapter 6) and constitutional interpretation (Chapter 7). In all these chapters, basic theoretical and comparative background is set and then Czech and Czechoslovak examples are being analysed. It is possible to sum up that Czech constitutional drafters, amenders and interpreters (constitutional judges) are all using foreign arguments in some degree. However, there is no common...
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Inadmissibility amend the substantive requisites of the democratic law-abiding state
Hladíková, Martina ; Janstová, Kateřina (advisor) ; Preuss, Ondřej (referee)
This thesis is devoted to the inadmissibility amend the substantive requisites of the democratic law-abiding state. After the introduction of the concept of democratic rule of law itself, the author advances to the characteristics of the Constitution and its typology. Following is the definition of the concept and content of immutable requisites. Various opinion approaches to the immutable requisites as well as to the material outbreak of the constitution are presented along with the comparison to the preview of the problematics through the eyes of the Constitutional Court of the Czech Republic. In addition to the historical inquiry, the positivist and natural law view of this analyzed phenomena are outlined. Consequently, a comparison of the foreign legal regulation is performed (France, Germany, Italy, Portugal, Greece, Austria, Romania, Turkey and India). The conclusion of the thesis discusses the protection of the material outbreak of the Constitution with focusing on the question of the authority of the Constitutional Court of the Czech Republic to repeal constitutional laws and Melčák case, whose outcome was the abolition of the law because of the interference with the substantive requisites of the democratic law- abiding state.
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Constitutional conventions in the Czech Republic
Dragoun, Radek ; Brunclík, Miloš (advisor) ; Švec, Kamil (referee)
This diploma thesis focuses on constitutional conventions in the Czech Republic. Its aim is to analyze their role in the Czech constitutional system. The work focuses on five areas where the influence of constitutional customs is often spoken. Priority is given to exploring the places where several constitutional institutions are interwoven because it is precisely on them that the power of constitutional conventions is best documented. It focuses in particular on how the practices have been observed in the past and how other constitutional actors have responded. The thesis examines the influence of introducing the direct election of the president to constitutional conventions. A directly elected president may feel more legitimate, and in order to gain a stronger position for himself, he may tend to violate some constitutional conventions or try to introduce new ones. As a result, the finding that the Czech constitution is still a relatively new document and that there was not enough time to fully establish most of the constitutional conventions. However, some constitutional conventions are already becoming an integral part of the constitutional order, whose strength will be decided by the following years. If the constitutional actors - and especially the directly elected presidents - will continue to...
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Foreign Influences in Constitutional Law
Léko, Kristián ; Kysela, Jan (advisor) ; Mlsna, Petr (referee)
Kristián Léko: Foreign Influences in Constitutional Law Comparative method has become one of the main trends of contemporary law. Constitutional law is no exclusion. Foreign law is often used as an inspiration in drafting, amending and interpreting of modern constitutions in many states, as well as in the Czech Republic. This thesis illustrates this fact on practical examples and creates a theoretical basis in Czech, with stresses on history, taxonomy and methodology. The first two chapters analyse the history and importance of both general comparative law (Chapter 1) and comparative constitutional law (Chapter 2). Chapter 3 analyses some methodological aspects of comparative law and Chapter 4 shows several patterns, how, when and where can foreign law have influence on domestic legal systems. The last three chapters examine three situations of foreign influence - constitutional drafting (Chapter 5), constitutional amendments (Chapter 6) and constitutional interpretation (Chapter 7). In all these chapters, basic theoretical and comparative background is set and then Czech and Czechoslovak examples are being analysed. It is possible to sum up that Czech constitutional drafters, amenders and interpreters (constitutional judges) are all using foreign arguments in some degree. However, there is no common...
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Consequences of the direct presidential elections for the Czech political regime
Kocourek, Jan ; Brunclík, Miloš (advisor) ; Švec, Kamil (referee)
Primary aim of this thesis is to describe the effects of direct elections on the nature of the political regime in the Czech Republic. Specifically, author focus on the distinctive attributes of various forms of government, which are then applied to the current state regime in the Czech Republic after the introduction of direct presidential elections and whether it effectively means a transition from parliamentary to semi-presidential regime. Historical analysis of the presidential office in the Czech countries describes the phenomenon of its extraordinary role and respectability, which is reflected in the contemporary political realities and have a major influence on the functioning of the state. Theoretical analysis deals with impacts introduction of the direct presidential election had on the constitutional order of the Czech Republic and disproves various arguments, which once lead to its legislative implementation. Using a descriptive analysis of the behaviour of the first directly elected president Miloš Zeman, author tries to unveil actual jurisdictional disputes between him and other elements of power. The result is a detailed description of the existing cooperation between individual people and institutions of power within the regime and its final character assessment accompanied by...
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Conflict over competences after introduction of direct election of the president in the Czech Republic
Dragoun, Radek ; Brunclík, Miloš (advisor) ; Švec, Kamil (referee)
This bachelor thesis is concerned with question of competence in the Czech republic between president and others state constitutional authorities after the introduction of direct presidential election and after electing Miloš Zeman as president. The thesis examines the parts of the Constitution where there is the possibility of occurrence of question of competence or where there are different interpretations. The main aim is to describe and analyze question of competence between Miloš Zeman and others constitutional authorities. Based on these disputes, this bachelor thesis offers modifications of the Constitution of the Czech Republic which could prevent similar disputes. The result of bachelor thesis is appreciation whether introduction of direct elections had an impact on the incidence of question of competence or it is associated with Miloš Zeman.
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How the Constitution of the CR was formed: political contexts, persons, influences.
Fuksová, Veronika ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
This thesis deals with topic of creation of the Constitution of the Czech Republic. The main aim of the thesis was to map all relevant circumstances that led to approval of the final form of the document in December 1992. The thesis is divided into chapters that deal successively with historical circumstances, sources of inspiration, various actors involved in the creation of the Constitution of the Czech Republic, the sequence of negotiations and finally with critical issues that provoked widespread debate. The question was how the Constitution was influenced by previous proposals and other sources. The finding that these effects were substantial and that actors of creation of the Constitution explicitly invoked them is partial result of the work. Another question was how the text of the Constitution itself was affected by specific political influences. Based on an analysis of various historical documents, it appears that an attempt to influence the constitution-making process by the government coalition was strong, however, in the result there were compromises in the framework of fundamental issues accepted because there was need to adopt the Constitution in the Czech National Council in December 1992, which was eventually successful.
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