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Comparison of the legal regulation of citizenship of the Czech Republic and Ukraine during the period of independent states
Veretelnyk, Iegor ; Uhl, Pavel (advisor) ; Hřebejk, Jiří (referee)
1 Comparison of the legal regulation of citizenship of the Czech Republic and Ukraine during the period of independent states Abstract The aim of this thesis is to take a closer look at the phenomenon of state citizenship through the prism of the state-citizenship regulation of two young states with different legal continuity and history. Namely, the Czech Republic and Ukraine. State citizenship is a dynamic concept undergoing transformation simultaneously within human society and its values in general and legal culture in particular. The transformation of this phenomenon can be generalized on the dichotomous scale of "state power - individual", when in the context of, among other things, international law and specifically human rights doctrine, the concept of citizenship in most states is increasingly approaching the pole of individual; when it ceases to be the sovereign domain of state discretion and unlimited state power but begins to be seen as a human right or even a free choice of the individual. The main objective of this thesis was to determine whether the two countries of study have also approached this concept with their state-citizenship arrangements, and to determine to what extent the current Czech and Ukrainian citizenship legislation is shaped, or influenced, by previous legal arrangements in...
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Constitutional law questions of weapons ownership with a focus on the Czech Republic
Havlíček, Václav ; Kudrna, Jan (advisor) ; Hřebejk, Jiří (referee)
Constitutional law questions of weapons ownership with a focus on the Czech Republic Abstract This diploma thesis deals with the issue of ownership and disposal of weapons by civilians in the context of constitutional law with the aim of presenting the reader with a complex basis for understanding the individual institutes related to this topic. The primary focus of this thesis is the area of firearms disposal as a central point of the social debate on this issue. The thesis is divided into seven chapters, each of which is devoted to a different systematic unit. The first chapter is devoted to the definition of the term "weapon" by comparing the concept of this term across different branches of law and making a division of different types of weapons based on their partial characteristics. The second chapter will take the reader through the history of the legal regulation of weapons in our territory, which has been reflected in the current legal concept of weapons in the Czech Republic. Following this, the third chapter describes the current legal regulation of the handling of weapons by civilians in the Czech Republic, especially considering the events of the last two decades. In a separate subchapter, attention is paid to the recent incorporation of weapons into the constitutional order of the Czech...
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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 President of the Republic within the constitutional system of the Czechoslovak Republic before Munich
Jandura, Michal ; Gronský, Ján (advisor) ; Janstová, Kateřina (referee)
124 VII. Shrnutí Diplomní práce s názvem Prezident republiky v ústavním systému předmnichovské ČSR se zabývá ústavním postavením prezidenta republiky v době první republiky, tj. v letech 1918 - 1938 a to po stránce formálně ústavní, avšak i z hlediska jeho faktického postavení. Autor v diplomní práci naznačuje slabší formální postavení prezidenta republiky v tzv. prozatímní ústavě z roku 1918 ( zákon č. 37/1918 Sb. z. a n. ze dne 13. listopadu 1918, o prozatímní ústavě ) a jeho poněkud silnější formální postavení v Ústavní listině z roku 1920 ( zákon č. 121/1920 Sb. z. a n. ze dne 29. února 1920, kterým se uvozuje Ústavní listina Československé republiky ) a dále v práci zdůrazňuje velmi silné faktické postavení prezidenta republiky Tomáše Garrigue Masaryka plynoucí z jeho silné osobnosti, avšak i s ohledem na jeho zásluhy o vznik Československé republiky a z jeho všestranných morálních předpokladů pro výkon této funkce. Silné faktické postavení prezidenta republiky je vysvětleno na jeho vztahu k vůdcům státotvorných politických stran uskupených v neformální koalici zvané " pětka", kterými byl první prezident pro svoji autoritu respektován. Dále se autor věnuje podrobně jednotlivým pravomocem prezidenta republiky, které byly vymezeny především zmiňovanou Ústavní listinou z roku 1920, avšak i dále celou...
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The Head of State in the constitutional system of the Czech Republic: de iure and de facto
Gřešák, Martin ; Gronský, Ján (advisor) ; Hřebejk, Jiří (referee)
Diploma thesis "The Head of State in the constitutional system of the Czech Republic: de iure and de facto" discourses both provisions, which integrate the institution of the president of the republic in constitution, and the virtual implementation of this uppermost authority in the state. At the beginning, the thesis deals with the historical dimension of the issue. It speaks of the general development and history of the office in Czech lands. Hereupon a depiction of the theoretical extent of this office follows. A large verge is devoted to the placement and the powers of the president in the constitution. The pragmatic part of the thesis consists of two case studies. The first one deals with the presidency of Václav Havel. The second one deals with the execution of the office by Václav Klaus. An extra attention is paid to the analysis of the accordance between the theoretical and pragmatic pursuance of the office of president of the Czech Republic.
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Constitutional definition of the mechanisms of control of territorial self-governing units
Dušek, Libor ; Antoš, Marek (advisor) ; Suchánek, Radovan (referee)
The aim is to answer the question of whether effective control mechanisms exist in the Czech Republic which would guarantee the fulfilment of legal regulations by municipalities and regional authorities dealing with public property. It is also my aim to explore whether such control mechanisms result from the constitutionally guaranteed rights to local government and, if they do, to what extent they may be incorporated in the Czech legislation. My diploma thesis is based on specific case studies, the case law of general courts and the current jurisprudence of the Czech Constitutional Court. After the description of the current state of affairs in the Czech Republic, I further focus on the definition of the control mechanisms of local governments in Czechoslovakia between the two world wars (1918 - 1938) and partly also during the Austro-Hungarian Empire. This diversion leading to this era has been selected to reflect the efforts to resume the local government traditions in the context of the renewal of the local government scheme in the Czech Republic after 1989. It is proven towards the end of the historical survey that unlike today, there were effective control mechanisms available before World War II, with several alternatives. The thesis also compares the legal regulations beyond the control...
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Unicameralism in the constitutional system of the Czech Republic?
Musil, Jiří ; Kysela, Jan (advisor) ; Antoš, Marek (referee)
The present Master's thesis seeks to analyze the constitutional system of the Czech Republic in the point of its bicameralism compared to the constitutional system of Hungary, the Republic of Poland and the Slovak Republic. The work's hypothesis assumes the bicameral parliament states are more successful than unicameral in their economic indicators. This assumption is based on the fact being a state of law where all activities must be in compliance with law which is given by a parliament and economy of the state is determinated by the quality of the rules. This paper does not use the mainstream way of constitutinal law or political science analysis as a main method but prefer the Law and Economics (LAE) and the first mentioned is used as corrective element only. GDP per capita is used becouse of its eligibility to be the most depictive economic indicator. Due to the lack of relevant data set World Bank statistics in US dollars of recent price level are used. The mentioned countries were chosen as the low rate of unobserved heterogenity states, decreasing the possibility of inexact analysis but these countries are different in the number of parliament houses and it permits to use Difference-in-differences method (DID). The used DID is very similar to the placebo response and it helps to distinguish...
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Constitutional development of the Francist Spain
Vavrušková, Magda ; Seltenreich, Radim (advisor) ; Skřejpková, Petra (referee)
Constitutional Development of the Francoist Spain Summary in English The aim of the thesis is to describe political regime, legal order and especially the constitutional laws applicable in Spain during the governance of Francisco Franco Bahamonde between the years 1936 and 1975. Franco took part in the military uprising against the Second Spanish Republic and soon became the leader of the nationalist troops. As the head of state he constructed a "New State" inspired by the fascist, falangist and traditionalistic ideas. Under the influence of international circumstances after the Second World War he was forced to change his allies - Mussolini's Italy and Hitler's Germany was replaced by the United States - but his autocratic regime did not change a lot. It was still him who disposed of the unlimited power and whose status was unchangable. The free competition of the political parties was disabled as the only legal party was Francoist FET y de las JONS (later known as National Movement). During his reign Franco adopted seven constitutional laws which confirmed human rights and ideological principles of the regime and organized the state administration and public authorities. First of these laws was Labour Charter, adopted in 1938, followed by Law on the Cortes in 1942, Charter of the Spaniards in 1945, Law on...
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Does judicial activism endanger the constitutional order of the CR?
Bartonička, Jan ; Hřebejk, Jiří (advisor) ; Hofmannová, Helena (referee)
It is often accentuated - not only by legal scholars, but also by political scientists - that law, politics, and society in the modern West have been marked by the increasing power of the judge. Therefore in my thesis I have decided to describe the current problems in the constitutional judiciary, including the issue of the so-called goverment of judges (or judicial tyranny) and the role of constitutional courts and judges in modern society. Needless to say, my work is based on extensive use of the fundamental book "Constitutional Courts and Democratic Values: A European Perspective" written by Victor Ferreres Comella, which provides the most detailed analytic description of the centralized model of constitutional review currently available. My thesis consists of an introduction, four chapters and a final conclusion. In the first chapter, the history of Czechoslovak and Czech constitutional judiciary is described from the beginning in the 1920s to the birth of the Czech Republic in the 1990s. In the second part of my thesis, the models of constitutional judiciary in contemporary world in brief are dealt with. French, American and German model are characterized and the specific way in which they function is investigated. In the third chapter I focus on the so-called problem of judical republic,...
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