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The concealed performance of public power and values protected by the constitutional order
Klaban, Vladimír ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
The aim of this diploma paper is to analyse and define the nature of secret exercise of public authority and to asses this phenomena in respect of the fundamental principles of the democratic rule of law. Any secrecy in exercising public authority is in fact a clear contradiction to a natural concept of the human rights and fundamental freedoms. Therefore the republic, as a public institution, should not have too many secrets to hide away from the people if its own principles are not to be completely disgraced. Secrecy in exercising public authority is a specific feature often related to the areas such as securing the sovereignity and territorial integrity of the Czech Republic, protecting its democratic foundations, protection of the lives and health of the population as well as the right to own the property. This is in full accordance with the constitutional duty of the state. Limited access to the information has a unique and 84 inevitable role in these areas and it is clearly mentioned in the Charter of Fundamental Rights and Freedoms, the European Convention of Human Rights and Freedoms and the International Covenant on Civil and Political Rights. The question of choice between the security and the liberty has been recently heavily discussed by the people as a natural follow up to the...
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US Congress Oversight Power
Červinka, František ; Kotábová, Věra (advisor) ; Karlas, Jan (referee)
CHARLES UNIVERSITY FACULTY OF SOCIAL SCIENCES Institute of Political Studies Department of Political Science U.S. Congress Oversight Power - ABSTRACT Bachelor's Thesis Author of the Thesis: František Červinka Study programme: Political Science and International Relations Supervisor: PhDr. Věra Kotábová Year of the defence: 2021 Abstract This Bachelor thesis deals with the implied power of U.S. Congress to conduct oversight. With the exception of the impeachment process that is defined in Article I, the U.S. Constitution does not explicitly state what oversight is and how is it to be administered, thus the goal of this thesis is to explore the theoretical background surrounding oversight, its genesis, techniques, processes, and tools. Focus is given to pertinent Supreme Court rulings, as well as specific mechanisms of oversight, with deeper dive into investigative oversight. Data-based approach in the second part then examines and compares the number of hearings held in Congress in the past 12 years. The aim is to determine if there is a correlation between the level of congressional oversight activity, partisan majority, and the President's party affiliation and what might be some observable trends in the researched period. The conclusion is that while both parties exhibit on average the same level of...
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Presidential systems
Křtěnová, Monika ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
The subject of this thesis is the presidential system as one of the distinguished alternatives of existing political systems in the present democratic society. This thesis is divided into three parts. The primary aim of the first part is to produce a brief overview of individual political systems and to outline their mutual differences through the description of their characteristics. The second part describes a specific political system in this world - namely the United States of America which became the source of inspiration for all subsequently established systems of this type. This part focusing on the United States is then divided into three separate chapters where each of them provides a view of particular branches of the government which form a constitutional system of the state together. These chapters offer not only the characteristics of these particular government branches and their central government bodies, but they also explain their mutual relationship and the control mechanism and particularly their relation to the President who is the key character of the entire presidential system, also his office and his powers. The main source of information, from which this part of the thesis proceeds, is the United States Constitution itself which is, as the supreme law of the state, the...
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Executive privilege in the U.S. political system
Janoušková, Johana ; Kotábová, Věra (advisor) ; Labendz, Jacob Ari (referee)
This bachelor thesis deals with the privilege of the President of the United States to withhold information from the Congress and ultimately the public, known as the executive privilege. The main theoretical approaches used are the unitary executive theory and also the model of imperial presidency by Arthur M. Schlesinger, which deals with governmental secrecy. The mechanism through which this executive privilege is applied is shown on two case studies. First analysed case is George W. Bush's claim of executive privilege in 2008 concerning the Environmental Protection Agency's decision not to grant California a waiver allowing the state to impose stricter vehicle emissions standards than required by the federal law. Second analyzed claim is the one made by Barack Obama in 2012 following the congressional investigation of executive officials involved in operation Fast and Furious. The thesis also includes the Watergate scandal which led to President Richard Nixon's resignation and became formative for the future perception of the privilege. Since the executive privilege is not mentioned in the United States Constitution, the thesis describes mechanisms of checks and balances that are able to limit the privilege and to what degree. Schlesinger's theory also focuses on the so-called "religion of secrecy" and...
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The concealed performance of public power and values protected by the constitutional order
Klaban, Vladimír ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
The aim of this diploma paper is to analyse and define the nature of secret exercise of public authority and to asses this phenomena in respect of the fundamental principles of the democratic rule of law. Any secrecy in exercising public authority is in fact a clear contradiction to a natural concept of the human rights and fundamental freedoms. Therefore the republic, as a public institution, should not have too many secrets to hide away from the people if its own principles are not to be completely disgraced. Secrecy in exercising public authority is a specific feature often related to the areas such as securing the sovereignity and territorial integrity of the Czech Republic, protecting its democratic foundations, protection of the lives and health of the population as well as the right to own the property. This is in full accordance with the constitutional duty of the state. Limited access to the information has a unique and 84 inevitable role in these areas and it is clearly mentioned in the Charter of Fundamental Rights and Freedoms, the European Convention of Human Rights and Freedoms and the International Covenant on Civil and Political Rights. The question of choice between the security and the liberty has been recently heavily discussed by the people as a natural follow up to the...
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