|
|
Executive orders in the US political system
Bui Thuy, Hanh ; Kotábová, Věra (advisor) ; Brunclík, Miloš (referee)
During the formative years of the American political system, the presidency has adopted so called unilateral tools, by which the President is able to enforce his agenda without the need of consent from the Congress or judiciary court. However, these tools are not written in the Constitution and their amount and means of usage has changed throughout time. The aim of this bachelor thesis is to study the factors that have caused these changes, specifically the unilateral tool of executive orders. The thesis analyses executive orders issued by the current president of the United States, Barack Obama, whose governing tenure is often characterized by frequent use of executive orders. It also examines whether and how these executive orders can be evaluated from the perspective of the Constitution. The result of the thesis serves as an introduction to the issue of these controversial presidential acts with the need of further study within the complexity of the American political system.
|
|
|
Judicial Review of Executive Orders
Slezáková, Monika ; Kudrna, Jan (referee)
The topic of the diploma thesis is the judicial review of executive orders. The thesis begins with the first chapter dedicated to executive lawmaking with a focus on the separation of powers context. The second chapter then describes executive orders as legal acts, paying attention to the specifics of their binding force, usage and issuance procedure. The third chapter delves into the judicial review of these acts, first delineating the authority for review and specifics of jurisdiction, followed by analyzing the context of review of executive orders, ultimately formulating a guideline to follow when determining the validity of executive orders. The final chapter applies this guideline and all the foregoing information to chosen cases which are analyzed. Key Words: Executive orders, executive lawmaking, separation of powers, judicial review, authority, case or controversy doctrine
|
|
|
Presidential Directives as Instrument of President's Obama Policy-Making
Bui Thuy, Hanh ; Sehnálková, Jana (advisor) ; Hornát, Jan (referee)
The recent usage of presidential directives by President Barack Obama and President Donald Trump initiated debates around limits of presidential power. Research on the presidential power has shown lack of focus on the presidential directives, misinterpretation and wrong terminology which resulted in false accusations of presidential overreach and abuse of power. This thesis argues that the political gridlock and increasing passivity of Congress have contributed to a shift between the executive and legislative power of government. This thesis will trace the extent to which Congress has become resistant to pass two of the key priorities of President Obama's political agenda - immigration reform and gun regulation, after which the President had to act on the issues unilaterally. The main aim of the thesis is to show that presidential directives of President Obama were not issued in a vacuum and that there were debates, persuasion and negotiations preceding the executive actions in an attempt to advance President's agenda in a form of bipartisan legislation rather than unilateral presidential directive.
|
|
|
Executive orders in the US political system
Bui Thuy, Hanh ; Kotábová, Věra (advisor) ; Brunclík, Miloš (referee)
During the formative years of the American political system, the presidency has adopted so called unilateral tools, by which the President is able to enforce his agenda without the need of consent from the Congress or judiciary court. However, these tools are not written in the Constitution and their amount and means of usage has changed throughout time. The aim of this bachelor thesis is to study the factors that have caused these changes, specifically the unilateral tool of executive orders. The thesis analyses executive orders issued by the current president of the United States, Barack Obama, whose governing tenure is often characterized by frequent use of executive orders. It also examines whether and how these executive orders can be evaluated from the perspective of the Constitution. The result of the thesis serves as an introduction to the issue of these controversial presidential acts with the need of further study within the complexity of the American political system.
|
guest ::
