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Democratic State Governed by Law: Ideal and Reality
Hruška, Petr ; Gerloch, Aleš (advisor) ; Tryzna, Jan (referee)
The diploma thesis deals mainly with four topics - the rule of law, democracy, the democratic state governed by the rule of law and its real form in the Czech Republic during the global pandemic of COVID-19. The development of the rule of law, democracy and the democratic state governed by the rule of law continues and is influenced by the challenges that arise over time. The original formal conception of the rule of law was focused primarily on the observance of the rule of law, while the material conception already takes into account certain value aspects and fundamental human rights. Today's form of democracy differs significantly from its original ancient Greek definition. It was originally intended to be applied to small homogeneous units in which individuals would participate in voting on all important matters. Over time, however, it began to apply to large nation states, which required the adoption of the institute of council. A democratic state governed by the rule of law is a concept based on the dynamic balancing of the components between which a certain tension may arise. Its ideal is fulfilled by a situation where its individual aspects are continually improved in the most balanced way possible. All these the above-mentioned institutes have been affected by the global pandemic of...
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The essential requirements for a democratic state in the Constitution of the Czech Republic
Žáček, Filip ; Suchánek, Radovan (advisor) ; Preuss, Ondřej (referee)
Essential Elements of a Democratic Rule of Law in the Constitution of the Czech Republic Abstract This thesis aims at comprehensive examination of the way in which essential elements of a democratic rule of law are embedded in the laws of the Czech Republic, in particular the Constitution, effective from 1 January 1993, as their centrepoint. The author's key task has been to deal with the difference between constitutional standards of other countries and Czech laws, where the text of the Constitution does not expressly identify the legal institutions that in their unity form the material core of the Constitution. The thesis provides a theoretical definition of the individual components of a democratic rule of law in the light of modern jurisprudence findings. It also outlines procedures aiming at the identification of the individual institutions embedded in the substance of constitutional law that form the unchangeable parts of the Constitution. The state idea, which individualizes the generally applicable essentials of a democratic state governed by the rule of law for requirements of Czech legal system, is considered the cardinal bearer of the core of the essential elements. Its development is described since the 16th century until the present, while its continuity or discontinuity is examined. It is...
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Religious Freedom in Democratic Rule of Law State
Řepa, Karel ; Hofmannová, Helena (advisor) ; Molek, Pavel (referee) ; Wintr, Jan (referee)
Název disertační práce, abstrakt a 3 klíčová slova v anglickém jazyce Title: Religious Freedom in Democratic Rule of Law State Abstract: The dissertation deals with the topic of religious freedom in a democratic rule of law state, namely from the perspective of constitutional theory and human rights theory as well as it reflects selected current problems of religious freedom protection in the context of Western societies. It thus contributes to the domestic legal discourse which traditionally focuses on religious freedom issues rather marginally. In the area of constitutional theory, it attempts to answer the question of general link between the modern state and religion, and the concept of a democratic rule of law state and religion. It seeks answers through a system theory conceiving both the state and religion as social systems whose fundamental differentiation is between sacred and profane. Their extreme conflict is conceived as a dispute over sovereignty, which is, in the reality of a democratic rule of law state, settled primarily through the institute of religious freedom. Based on this the thesis maps the development of modern constitutionalism and its relation to religion and formulates the basic position of religion in the system of a democratic rule of law. The second part of the thesis focuses...
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Fundamental Questions of the Conception of Civil Procedure
Střeleček, Tomáš ; Winterová, Alena (advisor) ; Ficová, Svetlana (referee) ; Lavický, Petr (referee)
Fundamental Questions of the Conception of Civil Procedure Abstract The dissertation deals with fundamental questions of the conception of civil procedure (civil contentious litigation). In order to deal with these questions, a system of fundamental questions is presented, serving as a prism for evaluation of the conception of the Czech civil procedure de lege lata and de lege ferenda. These fundamental questions are divided into fundamental questions of the conception of civil procedure largo sensu and stricto sensu. A deductive approached is employed, advancing the research from more general questions (i.e. inter alia character of contemporary democratic state based on rule of law and role of civil procedure within such state, a notion of civil procedure) to more particular questions (i.e. inter alia character of the relation between the court and the parties to the dispute, instruments of the court). The questions gradually narrow the space for the conceptions of civil procedure. Three general conceptions of civil procedure are distinguished. These are liberal, social and cooperative conceptions of civil procedure. Subsequently, special conceptions of civil procedure are distinguished, these do not deal with the relation between the court and the parties comprehensively (these are: conception based on...
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Unrestrictable core of human rights as a precondition for democratic rule of law?
Kubitová, Alžběta ; Kysela, Jan (advisor) ; Preuss, Ondřej (referee)
A democratic rule of law state combines two legal principles: the principle of democracy and the principle of rule of law. The democratic principle requires rule of the people and therefore implicitly the protection of political rights (in particular the right to vote, freedom of speech, freedom of assembly and association) that allow an individual to actively participate in the political community. The formal conception of rule of law, which is defined by the exercise of state power based on law, requires in particular the right of access to a court and the right of due process, which guarantee genuine enforceability of the law. The material conception of rule of law requires a much wider range of rights: according to Czech jurisprudence essentially all that are included in the Charter. This does not mean that any interference with the abovementioned rights means that a state is no longer a democratic rule of law state; if it did, there would not be a single democratic rule of law state in the world. However, any interference with fundamental rights must be carried out according to statute, must be proportionate to a legitimate aim and not interfere with the unbreachable core of human rights. The unbreachable core of a fundamental rights is a limit for the proportionality test; it is the core of...
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The material core of the Constitution
Bělocký, Jan ; Hřebejk, Jiří (advisor) ; Gronský, Ján (referee)
The material core of the Constitution - Abstract This thesis is about the relation between the state of the Czech Republic and Czech and Czechoslovakian constitutional area. The deciding impulse leading to the elaboration of this topic was historically the first derogation of constitutional act by the Constitutional Court of the Czech Republic. The reason of the groundbreaking judgement was the conflict of the challenged constitutional act and the material core of the Constitution which protects its democratic frame. The aim of the thesis is to explore the form, content and protection of the most important constitutional base of the Czech Republic, i.e. the imperative of inflexibility of the democratic state law material attributes. The way how to deal with that is to review historical and revolutionary changes of the legal state principle. The first part of the thesis concentrates on fundamental historical events which resulted in the reversal of the legal state concept. In the terms of constitutional sources of law it analyzes the formation of the democratic Czechoslovakia, the wartime period of submission and the restoration of legal order after the Second World War, the Communist takeover in February and the Ninth-of-May (1948) Constitution, the Socialist Constitution, the Prague Spring, the Manifesto...
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