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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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Conflict over competences after introduction of direct election of the president in the Czech Republic
Dragoun, Radek ; Brunclík, Miloš (advisor) ; Švec, Kamil (referee)
This bachelor thesis is concerned with question of competence in the Czech republic between president and others state constitutional authorities after the introduction of direct presidential election and after electing Miloš Zeman as president. The thesis examines the parts of the Constitution where there is the possibility of occurrence of question of competence or where there are different interpretations. The main aim is to describe and analyze question of competence between Miloš Zeman and others constitutional authorities. Based on these disputes, this bachelor thesis offers modifications of the Constitution of the Czech Republic which could prevent similar disputes. The result of bachelor thesis is appreciation whether introduction of direct elections had an impact on the incidence of question of competence or it is associated with Miloš Zeman.
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Role of the president of the Czech Republic in theory and practice
Peškar, Michal ; Mlejnek, Josef (advisor) ; Švec, Kamil (referee)
This work describes role of the president in the Czech Republic. However, the Czech Republic is considered as a republic with parliamentary system, the role of the president is very strong and latest development shows there might be certain movement into semi-presidential system. Content of the work is divided into three chapters. The first chapter is theoretical and deals with powers of the Czech president according to their legal background. Therefore, particular powers are described in the view of the Constitution and other related acts. This chapter also contains part about liability of the president and possibility of review of his/her acts. The second chapter shows the president in relations to other political agents and in general in political system of the Czech Republic. Specifically, there are mentioned relations of the president with the government, the Parliament and the Constitutional Court. The third chapter show how all president of the Czech Republic - Václav Havel, Václav Klaus and Miloš Zeman - acted when they were incumbent. The analysis especially focuses on situations when presidents used their powers on the edge of the Constitution or against prevailing interpretations of the Constitution.
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Direct election of the Czech president: approaching to Semipresidentialism?
Šodek, Adam ; Mlejnek, Josef (advisor) ; Novák, Miroslav (referee)
Diploma thesis seeks to analyze the introduction of the direct election of the President of the Czech Republic as a potential impulse towards semipresidentialism. For this purpose, the work defined theoretical concepts parliamentary, presidential and semi-presidential forms of government. In addition to the anticipated research direct election, as an factor of strengthening the president's legitimacy among others, the work will include analysis of the effects of Miloš Zeman first year in office and its relation to other constitutional institutions. These assessments are important for overal outputs of this work because they can be a pointer to the objectives of the work. The work will also be mentioned tradition of Czech (Czechoslovak) presidency.
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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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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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