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The Right to Resistance and Article 23 of the Charter of Fundamental Rights and Freedoms
Mensdorffová, Jana ; Kindlová, Miluše (advisor) ; Uhl, Pavel (referee)
The Right to Resistance and Article 23 of the Charter of Fundamental Rights and Freedoms Abstract The aim of this diploma thesis is a thorough analysis of Article 23 of the Charter of Fundamental Rights and Freedoms (hereinafter referred to as the "Charter"), its issues, analysis of current sub-constitutional legislation and international comparison. Following on from the research project, the diploma thesis aims to find out to what extent the wording of Article 23 of the Charter corresponds to our historical experience, or whether Article 23 of the Charter is aimed at other situations (i.e. whether the wording of Article 23 of the Charter reflects our history in connection with by defining the right to protest in the Charter). The main methods chosen for writing the thesis were analysis, international comparison of foreign constitutions, and statistics. When writing the thesis, I drew on professional literature, professional articles, legal regulations, relevant jurisprudence and, last but not least, Internet sources that were the basis for the statistics of participants in the resistance against communism. The diploma thesis is divided into four main parts. The first part of the thesis is devoted to a historical excursion. For better understanding and context, various approaches to the right to resistance...
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Constitutional Regulation of the State of Exception in a Rechtsstaat
Kollert, Lukáš ; Kudrna, Jan (referee)
Název diplomové práce, abstrakt a klíčová slova v anglickém jazyce Title Constitutional Regulation of the State of Exception in a Rechtsstaat Abstract This treatise focuses on extraordinary reactive legal instruments designed for crises resolution, which include in particular the state of exception and also the right to resistance. The latter differs from the former in that it cannot be invoked by public authorities under a Rechtsstaat, but only by citizens who are subject to their authority. The aim of this treatise is to thoroughly examine the concepts of the state of exception and the right to resistance and their relation and to answer the question of whether the corresponding institutions should be regulated in positive law or otherwise recognized under a Rechtsstaat. In the chapter on the state of exception, I inquire into the concepts of crisis and state of exception, present various typologies of this institution, outline controversies, confusions and problems associated with it, present possible responses of public authorities to exceptional harmful situations and assess their advantages and drawbacks. Following the conclusion that the state of exception ought to be regulated in positive law, I ask the question of how it should be codified and propose a two-level regulation, which combines...
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Constitutional Regulation of the State of Exception in a Rechtsstaat
Kollert, Lukáš ; Grinc, Jan (advisor) ; Reschová, Jana (referee)
Název diplomové práce, abstrakt a klíčová slova v anglickém jazyce Title Constitutional Regulation of the State of Exception in a Rechtsstaat Abstract This treatise focuses on extraordinary reactive legal instruments designed for crises resolution, which include in particular the state of exception and also the right to resistance. The latter differs from the former in that it cannot be invoked by public authorities under a Rechtsstaat, but only by citizens who are subject to their authority. The aim of this treatise is to thoroughly examine the concepts of the state of exception and the right to resistance and their relation and to answer the question of whether the corresponding institutions should be regulated in positive law or otherwise recognized under a Rechtsstaat. In the chapter on the state of exception, I inquire into the concepts of crisis and state of exception, present various typologies of this institution, outline controversies, confusions and problems associated with it, present possible responses of public authorities to exceptional harmful situations and assess their advantages and drawbacks. Following the conclusion that the state of exception ought to be regulated in positive law, I ask the question of how it should be codified and propose a two-level regulation, which combines...
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Right to challenge
Černý, Tomáš ; Kysela, Jan (advisor) ; Urban, Michal (referee)
This thesis aims to give a reflection on the doctrine of the right of resistance in the Czech Republic, its liberal democratic system and legal order. The first part of the thesis presents a short description of the background and the development of the doctrine. It also deals with Article 23 of the Charter of Fundamental Rights and Basic Freedoms as an attempt of embedment the right of resistance in the Czech law. The subject matter of the second part are the transformation processes taking place in the current world that have an impact and threaten liberal democracies including the Czech Republic. This part also gives examples of the application of right of resistance. The first chapter contains a short historical and a modern definition of the right of resistance. It also defines the following related notions - the revolution, the coup d'état and civil disobedience, that this thesis applies. The second chapter focuses on the history of the right of resistance. It goes back to its roots in Ancient Israel, looks upon the Enlightment authors dealing with the theory of Social contract and concludes with the post-war development. Special focus is turned to the disputed aspects of the right of resistance. The third section deals with possible interpretations of Article 23 of the Charter of Fundamental...
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