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The influence of public policy on legal order of Czech Republic during transition
Říčka, Tomáš ; Pithart, Petr (advisor) ; Bažantová, Ilona (referee) ; Ježek, Tomáš (referee)
Tomas Ricka Stránka 1 Title: The influence of public policy on legal order of Czech Republic during transition Abstract: The thesis deals with public policy, its key components and influences on the institutional environment. The major aim of the thesis was to analyze, what was the influence of public (economic) policy in transition on the creation of rules in the Czech Republic. Who created the policy? How was the policy conducted? What was the role of the rules? What was the international context in that era? What was the influence of these external factors on the development in the Czech Republic. Other goals of the thesis dealt with the following: availability of suitable tools to analyze transition; key assumptions of public policy; rule making; the role of rule makers. The thesis does not attempt to describe all relevant approaches from modern economic theory that would be useful to analyze the transition processes. The thesis uses a selection of tools that can help to analyze institutions and rules in society from another view, than does standard legal theory or political science. Use of tools of economic analysis (especially from the area of microeconomics and new approaches of economics) can be characterized as complementary for institutional analysis. Transition and privatization of state property...
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Limits of demokracy
Zaripov, Sergey ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
Resume In the first part of the graduation thesis Limits of Democracy qualifies the term of democ- racy, the return to democracy sources, especially to the archaic Greece, where democracy began and then developed thanks to the philosophers were like Socrates, Plato or Aristotle. At that time, democracy had strong competition and was created various ideologies and forms of government. Democracy was not made at that time and was standing in the shad- ows of history. In the next part of the graduation thesis author deals with return of democratic thinking in the French Revolution, their thinkers were like Charles Louis de Secondat, baron de La Brède et de Montesquieu and Jean-Jeacques Rousseau who became the inspiration for a revolutionary campaign. In France after the revolution started to emerge riots, wars with neighbors and followed terror. In this part of the graduation thesis author defines the term totalitarian democracy and points to the "democratic" process in 2011 during the Arab Spring. Then the author focuses on today's modern democracy and analyzes the United States as a state, as a bearer of democracy. State that this ideology spreads and becomes uncompro- misingly authority that considers what is democratic and what is not. In this part of thesis is reminded the origin of USA and related issues...
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The prohibition of the parties-theory and discourse
Chytil, Matěj ; Wintr, Jan (advisor) ; Pithart, Petr (referee)
Banning Political Parties - Theory and Discourse The political regime change of the Velvet revolution in 1989 brought to light many questions, that the Czech politics and law had not to answer until then. Arguments about the legitimacy of the post-revoutionary Czech communist party marked the early years of the free competition of political parties. There being no precedent in the decision-making of Czech courts, the Supreme Administrative Court had to decide many substantial questions when dealing with the case of Dělnická strana (The Workers' Party) in 2010. Some of those were elaborated by the European Court of Human Rights, other were more of a political and philosophical nature. The history and experience of pre-war Czechoslovakia and dissolution of German national-socialist parties in 1933 also influenced the debate. The Supreme Administrative Court of the Czech Republic changed in the decison of Dělnická strana the nature of Czech political discourse and brought it out of the post-communist context to the contemporary European level. Using the concept of self-defending or military democracy, that is also used by the ECHR, it created a shared framework of both Czech and European debate on the limits of political rights and freedoms of association. The concept will be contested in the future, but its...
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Czechoslovakia during the Second World War: Influence of the Second World War on the political development of Czechoslovakia
Krejčí, Pavel ; Pithart, Petr (advisor) ; Kysela, Jan (referee)
Czechoslovakia during the Second World War - Influence of the Second World War on the political development of Czechoslovakia The years 1938-1945 determined the development that culminated in the communist coup d'état in February of 1948. At the same time, Czech society was undergoing a deep crisis that has been caused by bitter disappointment of the end of the First Republic and its internal political problems. The Great Depression, mass unemployment and the inability of government officials to deal with this situation satisfactorily led to dissatisfaction with the economic arrangement of the First Republic and became the subject of radical change. According to many, the First Republic political party system also had failed. Too many political parties, the need for coalition governments, selfish adherence to party interests instead of national interests, intrigues, were all given as reasons why democracy had not been able to confirm its primacy in the moments when it was most needed. Betrayal by the Western Allies, especially France (under the strong influence of Great Britain) and the relatively friendly behavior of the Soviet Union during the Munich crisis undermined foreign policy concepts, held in the interwar period. All these events had meant that almost no one wanted to return to pre-war...
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Semi-presidential systems
Drápelová, Hana ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
This thesis deals with the topic of semi-presidential systems. As the title suggests, semi-presidential modes oscillate somewhere on the border between parliamentarism and presidentialism. Considering the fact that even the scholars have no consensus how to define this term, the whole study is conceived as a comparison of the opinions of prominent Czech as well as international constitutional lawyers and political scientists. Nowadays the necessity to define the semi-presidential model clearly becomes important because there has been a lengthy discussion after implementation of new constitutional phenomenon in the Czech Republic (the direct election of the head of the state) about how it affected the constitutional system of the state. Both the public and many prominent experts have the opinion that it is the direct presidential election that has changed the constitutional system of the Czech Republic from a purely parliamentary model to a semi- presidential model or at least, it significantly leads to it. The objectives of this study are modest. Since the number of mutually different definitions of this system from the perspective of many constitutional lawyers and political scientists is really large, it was impossible to cover such a broad topic completely, therefore this work is devoted to the...
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Authority and conformism; social psychology of Nacism
Dvořáková, Denisa ; Kosek, Jan (advisor) ; Pithart, Petr (referee)
Authority and conformism; social psychology of Nazism This thesis attends to Nazism from the perspective of social psychology. Its aim is to analyze Nazism by using chosen theoretical concepts of social psychology, namely authority and conformism. The work begins with the presentation of the concept of totalitarianism, when in the first instance the term totalitarianism is generally defined and then the great part of this chapter deals with the concept of totalitarianism in Hannah Arendt's conception. At the end of this chapter there are mentioned some limits of Hannah Arendt's conception. The ideology of Nazism is the content of the next chapter. There are terms ideology and Nazism defined and subsequently there is the goal and basic characterization of Nazi ideology given. The third chapter deals with the authority and the conformism as social psychological phenomena. The first part of this chapter defines conformism, lists the possible resolution of its causes and basic typology of its consequences. Furthermore, there are presented the most important classical studies in the field of the scientific study of conformism carried out by laboratory exepriments and briefly outlined the problems of disposal and situational approach. Next a brief treatise on modern individualism as a possible aspect of...
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Modern states and genocides : the fate of Turkish Armenians and European Jews
Šeferna, Václav ; Kosek, Jan (advisor) ; Pithart, Petr (referee)
Modern states and genocides: the fate of Turkish Armenians and European Jews This thesis primarily explores the relationship between modernity, modern thinking and modern state on one hand and the Holocaust, Armenian genocide or other genocides, on the other. The purpose of my thesis is to answer the question whether a modern state can be considered a perpetrator of both these tragedies. Furthermore, in my thesis I investigate the causes of these genocides and mainly the influence of nationalism, bureaucracy and racism. The first part of the thesis is devoted to genocide and implementation this concept in international criminal law. I deal with the emergence of this concept and its subsequent development as an independent crime under international law. In the second part I deal with the classification of genocides. First, I deal with the typology of genocides by individual authors. I also examine the differences between traditional massacres and modern genocide, name the pivotal features of modern genocide and try to answer the question of whether it makes sense to use the term "traditional genocide" at all. In the next chapter I focus on the Armenian genocide. This part begins with a short introduction of the Armenians, a quick overview of their history and a description of the Armenian situation in the...
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The position of the Supreme Court in the American political system and the significance of its decision-making for the political procedure in the USA.
Zástěra, Martin ; Pithart, Petr (advisor) ; Kysela, Jan (referee)
The thesis "Role of the U.S. Supreme Court in American system of government and the importance of Court's decisions for the political process in the United States of America" deals with the institutional role U.S. Supreme Court has in American system of government and puts emphasis on Court's decisions and their practical consequences on the politics in the United States. In history of the country the Court was an influential decision-making body on many occasions. Although shortly after the federation was established many intended to put the Court in position where weak powers given to it would not enable the institution to fully play its role of the guardian that keeps an eye on the constitutionality of adopted laws, at the beginning of the 19th century the Court found its place and became exactly what it was originally intended to be. Decision in Marbury v. Madison gained the Court the crucial power of judicial review. The power of judicial review completely changed the role of the institution that finally became the guardian of the Constitution. This thesis outlines the institutional position of the judicial branch and especially the position of the Supreme Court in American system of government. It also focuses on the political aspects of the nomination process of Supreme Court Justices and...
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Constitutional aspects of the dissolution of the Czechoslovak Federation
Šnajdaufová, Eva ; Gronský, Ján (advisor) ; Pithart, Petr (referee)
Constitutional aspects of the dissolution of the Czechoslovak Federation Abstract The Czechoslovak Federation was a Czechoslovak state, which originated in 1918 based on the nation's right to self-determination. Through the natural and historical law, Slovakia was incorporated into the historical territory of the Lands of the Czech Crown, and Czechoslovakia was formed. A Czechoslovak nation had not previously existed. It was created out of people on the Czech territory and people on the Slovak territory as a fiction that helped to defend the state-forming idea. A Czechoslovak state was created as a national state, but was, in fact, a multinational state. Unsolved national and ethnic issues were one of the major causes of the end of the Czechoslovak state. The Czech and Slovak relations were re- evaluated with every social-wide change. Even prior to the formation of the state, Slovaks were assured of certain autonomy within Czechoslovakia. The failure to fulfill the assurances wound like a red thread through the entire history of the Czechoslovak state. Czechs, who began identifying with the Czechoslovak statehood practically immediately, were not too aware of their somewhat dismissive attitude toward Slovakian demands. It is likely that the concept of a unanimous Czechoslovak nation state led to its...
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The Temptation of illiberal democracy in the postcommunist Europe
Ščeblykin, Kirill ; Pithart, Petr (advisor) ; Ondřejková, Jana (referee)
The temptation of illiberal democracy in the postcommunist Europe Abstract This thesis deals with the concept of illiberal democracy. In the first half it sums up the debate from which the concept arose. It describes the difference between liberalism and democracy and it also explains how these two concepts are interconnected. It describes the concept of defective democracies as conceived by Wolfgang Merkel. I also outline the constitutional aspects of the debate about illiberal democracy. In the second half the text applies Merkel's theoretical framework to analyse the cases of Poland and Hungary. The period of time, that was chosen, starts with the moment when parties Law and Justice and Fidesz gained majorities large enough for profound institutional changes. The period ends with activation of article 7 of the Treaty on European union. The text follows the structure of the Merkel's criteria. It analyses, how the voting rights and free access to power were preserved in both countries, if the political decisions are taken by elected representants, if there is a mutual control between the institutions and to what degree can the state power intervene into the private sphere of the citizens. I conclude that both Poland and Hungary could not be called liberal democracies in the period under review. The Polish...
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