|
|
Normality of the exception? Crisis Governance in reforming the Asylum and Migration Policy of the European Union
Kaleta, Ondřej ; Střítecký, Vít (advisor) ; Braun, Mats Rickard (referee) ; Lupták, Ľubomír (referee)
This doctoral thesis examines the issue of crisis governance of the European Union in the context of migration developments after 2015. The author investigates how relevant EU institutions (European Commission, Council of the EU, and European Council) construct exceptionality within the common asylum and migration policy and what might be its impacts on the functionality of this policy. Theoretically, the research is based on the concept of "state of exception" originally introduced in the works of Carl Schmitt and Giorgio Agamben. The main objective of the thesis is to analyze and interpret the extraordinary migration measures from 2015 to 2018, which were proposed and implemented by the EU political actors to address the migration situation. The institutional level is further broadened and contextualized by including three EU Member State governments - Hungary, Austria, and Germany - and their involvement in the interactive shaping of emergency policies. The author studies how the exception is constructed in the EU official discourse, the relationship between exception and normality, and the exercise of power to create a state of exception at supranational/intergovernmental level of the EU as an international organization. The thesis approaches the topic using critical discourse analysis. It...
|
|
|
Inverted Totalitarianism
Petr, Ondřej ; Hauser, Michael (advisor) ; Rybák, David (referee)
This Master's thesis reflects the theory of American political philosopher S. Wolin. The work introduces the reader to interpretations of S. Wolin's term inverted totalitarianism and confronts it with the common and mainstream approaches to totalitarianism. It is concerned about S. Wolin's reflection on contemporary western liberal democracy as managed democracy. The text pays attention to work of G. Agamben who takes a similar critique on the form of Euro-Atlantic democracy; for instance the thesis deals with his view of state of exception in which the author sees connections on inverted totalitarianism. Powered by TCPDF (www.tcpdf.org)
|
|
|
The transformation of Czech society in the 1930s
Baloun, Pavel ; Spurný, Matěj (advisor) ; Rákosník, Jakub (referee)
The so-called Second Czechoslovak Republic (1938-1939) is used to be portrayed as the dark age, when obscure, fascist elements came to lights. This period is ussually put in opposition to the previous First Czechoslovak Republic (1918-1938). In this thesis the main argument consist of questioning the continuity between these two allegedly contradictory historical times through the analysis of special legislation - state of exception -, which was adopted in purpose to deal with defending the democracy in Czechoslovakia between 1933 and 1938. The State Protection Act (1936) implemented into legal discourse special term for potential - in the case of war - enemies of the state: "state unreliable persons". This category of "reliability" was understood as nationality and part of far more complex national consensus by all contemporary agents, which legitimizes the state intervention primarily into the economic sphere. In the centre of national consensus stood transformed labour: collective duty for the nation. Until 1938, among contemporary agents, exists strong notion that realization the state of exception in the case of war and therefore national consensus cannot be fully realized because of international minority laws. But during the Second Republic (1938-1939) different agents used language of...
|
|
|
Methods of control over states of emergency in the Czech Republic
Mainclová, Eliška ; Kudrna, Jan (advisor) ; Syllová, Jindřiška (referee)
What are the ways of controlling extraordinary legal states in the legal system of the Czech Republic? Is parliamentary control of states of emergency sufficient and effective? Are states of emergency in the Czech legal order reviewable at the judicial level? What is the meaning and purpose of control over states of emergency? These are the questions that the author of the diploma thesis addresses using the example of a coronavirus pandemic in 2020 and 2021 as a case study. She assumes that states of emergency can be controlled and argues why and to what extent she considers it necessary in the conditions of a democratic state governed by the rule of law, to which the Czech Republic subscribes. In the first part of the thesis, the author defines the concept of a state of emergency as it is understood in theory and presents the individual states of emergency de lege lata. In the second part, the author presents a systematics of possible means of control, including parliamentary and political control, judicial review, and international supervision; she concludes the overview of legal means of control with an important addition of informal control by experts, the media, and society. At the same time, she presents research questions or hypotheses and addresses what is the aim and purpose of control of...
|
|
|
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...
|
|
|
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...
|
|
|
Normality of the exception? Crisis Governance in reforming the Asylum and Migration Policy of the European Union
Kaleta, Ondřej ; Střítecký, Vít (advisor) ; Braun, Mats Rickard (referee) ; Lupták, Ľubomír (referee)
This doctoral thesis examines the issue of crisis governance of the European Union in the context of migration developments after 2015. The author investigates how relevant EU institutions (European Commission, Council of the EU, and European Council) construct exceptionality within the common asylum and migration policy and what might be its impacts on the functionality of this policy. Theoretically, the research is based on the concept of "state of exception" originally introduced in the works of Carl Schmitt and Giorgio Agamben. The main objective of the thesis is to analyze and interpret the extraordinary migration measures from 2015 to 2018, which were proposed and implemented by the EU political actors to address the migration situation. The institutional level is further broadened and contextualized by including three EU Member State governments - Hungary, Austria, and Germany - and their involvement in the interactive shaping of emergency policies. The author studies how the exception is constructed in the EU official discourse, the relationship between exception and normality, and the exercise of power to create a state of exception at supranational/intergovernmental level of the EU as an international organization. The thesis approaches the topic using critical discourse analysis. It...
|
|
|
The transformation of Czech society in the 1930s
Baloun, Pavel ; Spurný, Matěj (advisor) ; Rákosník, Jakub (referee)
The so-called Second Czechoslovak Republic (1938-1939) is used to be portrayed as the dark age, when obscure, fascist elements came to lights. This period is ussually put in opposition to the previous First Czechoslovak Republic (1918-1938). In this thesis the main argument consist of questioning the continuity between these two allegedly contradictory historical times through the analysis of special legislation - state of exception -, which was adopted in purpose to deal with defending the democracy in Czechoslovakia between 1933 and 1938. The State Protection Act (1936) implemented into legal discourse special term for potential - in the case of war - enemies of the state: "state unreliable persons". This category of "reliability" was understood as nationality and part of far more complex national consensus by all contemporary agents, which legitimizes the state intervention primarily into the economic sphere. In the centre of national consensus stood transformed labour: collective duty for the nation. Until 1938, among contemporary agents, exists strong notion that realization the state of exception in the case of war and therefore national consensus cannot be fully realized because of international minority laws. But during the Second Republic (1938-1939) different agents used language of...
|
|
|
Inverted Totalitarianism
Petr, Ondřej ; Hauser, Michael (advisor) ; Rybák, David (referee)
This Master's thesis reflects the theory of American political philosopher S. Wolin. The work introduces the reader to interpretations of S. Wolin's term inverted totalitarianism and confronts it with the common and mainstream approaches to totalitarianism. It is concerned about S. Wolin's reflection on contemporary western liberal democracy as managed democracy. The text pays attention to work of G. Agamben who takes a similar critique on the form of Euro-Atlantic democracy; for instance the thesis deals with his view of state of exception in which the author sees connections on inverted totalitarianism. Powered by TCPDF (www.tcpdf.org)
|
|
|
Beyond The Frontier: The Analysis of Abortion Discourses in (Un)democratic Czechoslovakia
Prajerová, Andrea ; Havelková, Hana (advisor) ; Kiczková, Zuzana (referee)
My thesis focuses on reproductive politics of (un)democratic Czechoslovakia, namely on the discursive construction of abortion as presented in the scientific and political discourses in the 20's and 50's. The aim is to compare the discourses and track the genealogy of control and regulation of women's bodies as biopolitical spaces within the Czechoslovakian nation. The text uses theories of G. Agamben, M. Foucault and R. Miller which deprive from the classical/juridical model of sovereignty and rights and offer a biopolitical one instead. Using this perspective the text tries to answer whether there is a difference between scientific and political discourses of so-called democracy and communism. That is, whether by putting the abortion into the center it is possible to speak about democracy and communism as if they were two different and mutually exclusive systems. Through the lenses of poststructuralist feminist analysis the thesis tries to doubt the binaries of "communism" - "democracy", "East" - "West", in which democracy always signals the good and communism evil. Analysing the discourses surrounding the enactment of 1957 law the text also ponders whether it is possible to read the law as a typical communist product, implanted by someone from the outside.
|
guest ::
