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Presidential systems
Niklová, Dominika ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
The topic of my study is presidential system. I have chosen this topic because I am interested in situation of Latin America countries. These countries have decided to follow establishment of The United States. Many authors affirm that presidentialism is occasion of instability in these countries. The thesis is composed of ten chapters, which are divided into subsection or other parts. At the beginning I introduce political systems in our society. And I chose one of them, presidential system, to analyze in details. Chapter Two is about history of creation Constitution of The United States. This part of history is important because this Constitution is model for countries, which have decided for presidentialism. In this stage I explain the term presidential system and its particular signs. Without knowledge about it we don't understand how this system function. And we can't confront it with other political systems. Chapter Three describes presidentialism and its different forms. In my work I describe presidentialism in Latin America and in The United States. In Europe, there are many countries, which after year 1991 have decided for presidentionalism. But there always are relics of communism. There absent elements of democracy. In some of this countries govern strong presidents and we mark them like...
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The sovereignty of Parliament: its substance, development and consequences for the judicial review of rule-making
Píša, Radek ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
My thesis deals with the legal concept of sovereign Parliament, the very keystone of British constitution according to A. V. Dicey. This model has been challenged both normatively and descriptively. Concerning the normative point of view, concept of unlimited sovereignty is incoherent. Descriptively, courts don't simply take the parliamentary supremacy for granted, even if they say so. Relationship between the Parliament and courts is certainly more complex than Dicey suggested. Goals of this thesis are rather tentative. Since the popularity of this topic among British constitutional lawyers, comprehensive analysis is implausible due to the limited space. This paper aims to gather fundamental theories and disputes regarding the parliamentary sovereignty and its relationship with courts. In other words, it explores connection between the Parliament and courts in contemporary British constitution. First chapter analyses the constitutional conventions, which forms the basics of several other fundamental concepts in UK constitution. It suggests that there are no clear boundaries between law and conventions. Second chapter focuses on the general concept of sovereignty and Diceyan classic theory of Parliamentary sovereignty. There is also a brief explanation of sovereignty's connection to Scot's law....
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Spanish Model of Asymmetric Regionalism: An Analysis
Bernas, Vlastimil ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
Diplomová práce Analýza španělského modelu asymetrického regionalismu ~ 1 ~ Summary The masterʼs degree thesis "Spanish Model of Asymmetric Regionalism: An Analysis" deals with the concept of political-administrative division of a state, which has been typical of the Kingdom of Spain. The masterʼs degree thesis aims to profoundly analyze all the substantial aspects of this unique type of inner arrangement of a state, namely in broader (above all in legal, in historical and in political) relations. When elaborating on the topic I drew on Czech and English monographic literature (this applies both to the theoretical and to the historical part of the thesis) and on topical wordings of Spanish legal regulations; I also made use of various sources, as e.g. of professional articles online, of relevant judicial decisions, or of notes I made in Spain at lectures on Spanish constitutional law. The thesis consists of three chapters which are further divided into subchapters. In the initial theoretical chapter attention is paid to the typology of states according to their inner arrangement. The concepts such as confederation, federation, unitary state or regional state are explained here. The second chapter provides the overview of historical development of Spain (or, more exactly, of Iberian Peninsula) from the first...
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The democratic deficit of the European Union : the European Parliament in the EU legislative process - as compared with the position of the Bundestag
Šmůla, Petr ; Ondřejková, Jana (advisor) ; Pithart, Petr (referee)
The democratic deficit of the European Union The European Parliament in the legislative process of the European Union - in comparison with the position of the Bundestag This thesis examines the democratic deficit of the European Union based on the comparison of the position of the European Parliament in the legislative process of the European Union and the Bundestag in German legislative process. I chose the comparison with the Bundestag because out of all the Member States, the German political system and its legislative process resembles the one of the European Union the most. The purpose of this thesis is to determine whether and to what extent, taking into consideration the strengthening of the European Parliament in recent years, we can still discuss the democratic deficit of the European Union, when the European Union citizens and their elected representatives were excluded from effective participation in the adoption of legislative acts. The thesis is divided into three parts. The first part deals with the context of the democratic deficit of the European Union within the role of the European Parliament according to a number of leading authors on the issue of European integration. The second part is devoted to the legislative process in Germany, focusing on the position and role of the Bundestag in...
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Parliamentary systems
Brablecová, Martina ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
The topic of my thesis are parliamentary systems. For this topic I have decided mainly on the grounds that the Czech Republic ranks among countries with a parliamentary form of government, like most of European countries. The work is divided into seven chapters, which are subsequently divided into different subsections or other parts. At the beginning of my work I have engaged in the general concept of political systems. The view of this chapter is mainly to introduce readers to the topic and to acquaint them with the basic types of democratic political systems, which includes particular the parliamentary, presidential and semi-presidential systems. The second chapter is engaged in parliamentary systems and their basic definitions. This chapter contains the theoretical foundation for the whole work and especially introduces readers with the basic principles upon which these systems work. Among these principles is included especially the principle separation of powers which is not too strictly interpreted, the sovereignty of Parliament and the specific relationships between the executive and legislature. In the third chapter I have dealt with the relationships between the supreme constitutional organs, as well as their position in the constitutional system. This issue is very important, just as relations...
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Transitions to democracy
Šperková, Kateřina ; Pithart, Petr (advisor) ; Kysela, Jan (referee)
of the Diploma Paper ,, Transitions to Democracy " Transition of a particular country from an undemocratic political regime to mostly that of democratic is a head subject regarded by many experts and general public. It may seem that democratic regime is a matter of course nowadays; however, the truth is unlike. The democratic regime dominates scarcely in the half of all countries in the world. Regarding to the situation in northern Africa and other Arabic countries, it has recently been more and more proved that changes of political regimes, especially from the undemocratic to the democratic ones, are taken as a current subject matter not only today, but also in the following days, weeks, months and years. This is why I am focusing on the theme of Transitions to Democracy in my diploma thesis. The thesis is divided into four chapters. First chapter, named Democracy, deals with the conception of democracy. One cannot define the word "democracy" by just one feature, therefore, criteria of volition and division of democracy into the constitutional liberalism and illiberal democracy by Fareed Zakaria is fundamental in my work. Second chapter is focused on the undemocratic regimes. Definitions of these regimes are important mainly for understanding why they had been transferred or why they are to be...
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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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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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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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Direct presidential election in Czech Republic : causes, conditions, consequences
Rabiňáková, Kateřina ; Kysela, Jan (advisor) ; Pithart, Petr (referee)
The aim of this thesis is to analyze the process of changing the Czech Constitution from indirect presidential election to direct popular election. This happened in 2012 and it is the most significant change of the Czech Constitution since its adoption. The first chapter of this thesis focuses on characteristics of a president in the Czech Republic and his specific role in the constitutional political system, which is crucial for understanding the topic. The second chapter deals with the process of constitutional change from the indirect to popular presidential election. It describes the history of legislative bills from 1989 to 2012, when the last bill was passed by the Parliament. Also, this chapter introduces an expert discussion about this fundamental constitutional change, as well as its pros and cons. The arguments for a direct election are rare in expert discussion compare to the arguments which are against. The argumentation of the political representation is generally in favor of direct presidential elections. This is in a strong contrast with political scientists and constitutional lawyer's opinion. The strongest argument for a direct election was public demand. The fact that a direct election has no place in the parliamentary political system and has potential to deform the parliamentary...
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