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Development of the Presidential Office in the Czech Republic
Šváblová, Sára ; Hájek, Lukáš (advisor) ; Mlejnek, Josef (referee)
This bachelor thesis focuses on the development of the presidential office from 1918, when the Czechoslovak Republic was founded, to 2018. In particular, it focuses on presidential powers. The purpose of the first part is to describe and trace, on the basis of constitutional texts, the changes in the individual competences of the head of state, as well as changes in his or her electability and accountability, and to place them in the context of constitutional development in the Czech lands. The aim is to present information about the presidential office in a clear and comprehensible way. The second part of the thesis focuses on a comparative analysis of specific powers. The thesis focuses on four presidential powers: the right to reverse a law or the right of veto, amnesty and pardon, and the appointment and dismissal of the government. The comparative analysis is conducted from the perspective of the constitutions and focuses on the distinctive elements of these powers. The aim is to assess, on the basis of the elements being compared, under which constitution the presidency was strongest in that particular power.
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The Constitutional Institute of Pardon and Amnesty
Bednář, Marcel ; Janstová, Kateřina (advisor) ; Kudrna, Jan (referee)
The Constitutional Institute of Pardon and Amnesty The diploma thesis called The Constitutional Institute of Pardon and Amnesty is dealing with highly relevant issues often discussed at the political scene of the Czech Republic. It reflects the current debate on whether the institutes should remain in the legal system of the Czech Republic. The main thesis was chosen accordingly - on the contrary to arguments pleading for removing the institutes. The diploma thesis explains the main terms and theoretical divisions, as well as various forms of the institutes of pardon and amnesty. One of the chapters is devoted to the meaning of the institutes which may play a significant role when considering legitimacy of pardons and amnesties. Current domestic legislation regarding the institutes is described with regard to consequences of international law. The process of presidential pardon granting is elaborated in detail. Critical moments of the process are emphasised and different approaches of the three presidents of the Czech Republic are compared. The chapter concerning amnesty is constructed similarly. Critical moments of the institutes of pardon and amnesty are discussed thoroughly. The focus is aimed to problems such as responsibility, overusing or misusing of the institutes or clash with the...
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Constitucional institutes of pardon and amnesty
Šembera, Jan ; Janstová, Kateřina (advisor) ; Kudrna, Jan (referee)
1 Abstract CONSTITUTIONAL INSTITUTES OF PARDON AND AMNESTY This thesis deals with constitutional institutes of pardon and amnesty. The thesis aims to provide information on existing legal regulation of this area, closer explanation of the particular legal institutes, describe their historical development and show the way of their application during tenures of Czech presidents. The Introduction contains brief summary of the goals of the thesis, its structure and reasons for choice of the respective topic. The First Chapter is devoted to definition of elementary terms of pardon and amnesty and explanation of basic differences of their forms, i.e. abolition, agraciation and rehabilitation since correct understanding of these terms is crucial for understanding of the whole following text, The Second Chapter deals with historical development of the constitutional institutes in question before emergence of the independent Czech Republic. The Third Chapter contains analysis of current legal regulation in constitutional and general law. The Fourth Chapter is devoted to pardon, particularly more thorough analysis of transfer of capacity to grant pardons and procedural affairs related to granting of pardons in practice. Final part of this Chapter contains description of specific pardons granted during tenures of...
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Pardon in constitutional law
Stejskal, Jakub ; Kysela, Jan (advisor) ; Hřebejk, Jiří (referee)
Pardons in constitutional law Abstract This thesis is focusing on the constitutional institute of pardon both in its individual and collective form. The highest attention is paid to the legal framework of the Czech Republic. The thesis is divided into five sections. The first one deals with the theoretical term of mercy and its origin. In this section are also described four forms of pardon, namely suspension of a criminal proceedings, mitigation and pardoning of a sentence, remission of its legal consequences and amnesty as a pardon granted collectively. In this section are also outlined legal provisions of chosen states. Arguments in favour of a future existence of pardon as well as arguments against are also introduced. The second part elaborates a development of constitutional pardon in the Czech legal history starting from the first constitution declared in 1848 to the separation of the Czech and Slovak Federative Republic. Besides of historical constitutions, provisions of ordinary statutes are also mentioned as well as examples of granted pardons which performed an important historical role. The third part focuses on current legal provisions in the Czech Republic and the distinction between the article 62 and 63 of the Constitution. Besides, the relation between constitutional provisions and other...
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Constitucional institutes of pardon and amnesty
Šembera, Jan ; Janstová, Kateřina (advisor) ; Kudrna, Jan (referee)
1 Abstract CONSTITUTIONAL INSTITUTES OF PARDON AND AMNESTY This thesis deals with constitutional institutes of pardon and amnesty. The thesis aims to provide information on existing legal regulation of this area, closer explanation of the particular legal institutes, describe their historical development and show the way of their application during tenures of Czech presidents. The Introduction contains brief summary of the goals of the thesis, its structure and reasons for choice of the respective topic. The First Chapter is devoted to definition of elementary terms of pardon and amnesty and explanation of basic differences of their forms, i.e. abolition, agraciation and rehabilitation since correct understanding of these terms is crucial for understanding of the whole following text, The Second Chapter deals with historical development of the constitutional institutes in question before emergence of the independent Czech Republic. The Third Chapter contains analysis of current legal regulation in constitutional and general law. The Fourth Chapter is devoted to pardon, particularly more thorough analysis of transfer of capacity to grant pardons and procedural affairs related to granting of pardons in practice. Final part of this Chapter contains description of specific pardons granted during tenures of...
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The Constitutional Institute of Pardon and Amnesty
Bednář, Marcel ; Janstová, Kateřina (advisor) ; Kudrna, Jan (referee)
The Constitutional Institute of Pardon and Amnesty The diploma thesis called The Constitutional Institute of Pardon and Amnesty is dealing with highly relevant issues often discussed at the political scene of the Czech Republic. It reflects the current debate on whether the institutes should remain in the legal system of the Czech Republic. The main thesis was chosen accordingly - on the contrary to arguments pleading for removing the institutes. The diploma thesis explains the main terms and theoretical divisions, as well as various forms of the institutes of pardon and amnesty. One of the chapters is devoted to the meaning of the institutes which may play a significant role when considering legitimacy of pardons and amnesties. Current domestic legislation regarding the institutes is described with regard to consequences of international law. The process of presidential pardon granting is elaborated in detail. Critical moments of the process are emphasised and different approaches of the three presidents of the Czech Republic are compared. The chapter concerning amnesty is constructed similarly. Critical moments of the institutes of pardon and amnesty are discussed thoroughly. The focus is aimed to problems such as responsibility, overusing or misusing of the institutes or clash with the...
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Media representation of Václav Klaus' amnesty in selected czech media
Kvasnicová, Sandra ; Trampota, Tomáš (advisor) ; Křeček, Jan (referee)
The aim of this study was to outline how the media image of the Václav Klaus' amnesty, brought by four Czech dailies in the first half of 2013, looked like and what editorial procedures were used by these media. The research focused on Mladá fronta Dnes, Hospodářské noviny, Právo and Haló noviny. From the methodological point of view it was a long-term research during the first six months of 2013. Articles that contained the keyword amnesty, belonged to the period under review, published in the selected newspapers and for which Anopress database assessed score of at least 90 % were included as a part of the final data collection. After eliminating duplicated and irrelevant articles, 448 units remained and these were subsequently analyzed by the quantitative content analysis. The work itself was divided into several parts, which gave to the analysis a final "form". In the first, theoretical part, were briefly mentioned basic theoretical approaches related to the research. The second part presented a practical section that put the event in the sufficient context. The methodological part outlined steps of the content analysis and also defined the main and subsidiary research questions and relevant hypotheses. Finally, in the last, fourth - analytical, part were answered partial research questions and answers...
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Institutes of pardon and amnesty and their fulfilment in decisions of presidents of the Czech Republic.
Hrušková, Šárka ; Janstová, Kateřina (advisor) ; Hřebejk, Jiří (referee)
The present work deals with the institutes of a pardon and amnesty and their utilization in the Czech Republic. It focuses on the current domestic legislation and its application by the particular decisions of the presidents of the republic. The author points out the advantages and disadvantages of the current legal regulation. The aim of the work is to provide a summary of the issues and to suggest eventual alterations of the current legislation. The work is, apart from the introduction and the conclusion, composed of five chapters. The first one introduces into the subject of the work and characterises the institute of a pardon and amnesty and their three forms, i.e. a pardon and a mitigation of penalties imposed by the court, a suspension of criminal proceedings and a deletion of a sentence. The second chapter deals with the regulation of the institutes. First, it presents history of this regulation and afterwards it analyses current legal regulations contained in the Constitution of the Czech Republic and others laws. The third chapter concerns just the institutes of a pardon. It focuses primarily on the presidential orders delegating a part of his power to Minister of Justice and also on the proceeding of a grand pardon. At the end of the chapter, there is the utilization rate of the pardon institute...
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The life afterwards. The return of Czechoslovak political prisoners to society.
Vránková, Ivana ; Bouška, Tomáš (advisor) ; Hlaváček, Jiří (referee)
The Master's thesis "The Life Afterwards. The Return of Czechoslovak Political Prisoners to Society" is concerned with the topic of the re-integration of Czechoslovak political prisoners of the 1950s back into society after their release from prison. In the conceptual framework I provide the political and historical background of the Communist Czechoslovakia during the 1950s. I discuss the concept of political prisoner and describe the living conditions in prisons and labor camps. As observed from their narration, I also briefly outline the various strategies employed by political prisoners in their attempts to deal with imprisonment. Although the descriptions of the respondents' arrests and events that had led up to them are topics not directly concerned with the primary topic of my thesis, they are included, because they are vital in understanding the existential and other re-integration-related problems these prisoners faced. In my research, I employ the qualitative method of oral history. I focus on the time period when the interviewees were released from prison and try to describe the numerous issues they faced and had to deal with. More specifically, I focus on family and friendship relations, which had been often disrupted and the issue of seeking a new employment, an area of life in which...
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President´s Amnesty of the Czech Republic and its consequences
SUFČÁK, David
This bachelor thesis is called Amnesty of president of the Czech Republic and its consequences. It analyses in detail the institute of amnesty and so mass pardons. It is purely the theoretical thesis. The work is divided into two parts. The first one is focused on amnesty from the general viewpoint. In this part we speak about basic characterization, history, the difference between amnesty and individual mercy, particular application forms, medial perspective, legislation in our country and also comparison with legislation from abroad. The second one deals with the full-of-contradiction amnesty by Václav Klaus in 2013. There is practical demonstration of using the amnesty by president of the Czech Republic in our legal environment. In this part the amnesty in 2013 is described from several points of view. The extent of amnesty which was criticised by general public is analysed including of particular clauses and thorny questions. We also focused on application problems which are described in detail with respect to particular application amnesty forms. The thesis is also speaking about the impacts on Prison service of the Czech Republic, Employment offices of the Czech Republic or Probation and Mediation service of the Czech Republic. There is said in outline the reaction of several social segments (convicted persons, aggrieved persons, the expert public and non-professional public). With the topic of people who were pardoned is closely related their social rehabilitation. It is followed by dealing with countersignature of Prime Minister Petr Nečas. A few questions about the function of countersignature in our legislation arose with him. The conclusion of thesis is aimed at future changes of amnesty institute from the constitutional viewpoint in relation to problems which appeared with the latest declared amnesty in our state territory.
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