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The President of the Republic as part of the Executive Branch
Vosáhlo, Jakub ; Janstová, Kateřina (advisor) ; Antoš, Marek (referee)
This dissertation analyzes the institution of president of republic. It describes specifics of this institution, located between "chief of state" and executive body. Then the dissertation studies his relationship to executive power. It covers analysis of presidential constitutional powers, but also other aspects, influencing presidential position and power in constitutional system. Necessary part of this analysis is study of constitutional position of president. This study comes from parliamentary character of constitutional system and presidential powers in this system. It also includes comparison of chosen parliamentary systems. Then the dissertation analyzes specific phenomenon of Czech president. In this country president traditionally has weak constitutional power, but in contrast he disposes with strong authority in public, and this authority gives him big informal influence in political relationships. It can empower his position very well. Dissertation analyzes historical sources of this phenomenon, development of constitutional power of president and also traditions and constitutional use in praxis. It takes a thing about the role of all presidents in all [very diverse] regimes during Czechoslovak and Czech statehood. Development of presidential tradition after assumption of actual constitution is...
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Consequences of the direct presidential elections for the Czech political regime
Kocourek, Jan ; Brunclík, Miloš (advisor) ; Švec, Kamil (referee)
Primary aim of this thesis is to describe the effects of direct elections on the nature of the political regime in the Czech Republic. Specifically, author focus on the distinctive attributes of various forms of government, which are then applied to the current state regime in the Czech Republic after the introduction of direct presidential elections and whether it effectively means a transition from parliamentary to semi-presidential regime. Historical analysis of the presidential office in the Czech countries describes the phenomenon of its extraordinary role and respectability, which is reflected in the contemporary political realities and have a major influence on the functioning of the state. Theoretical analysis deals with impacts introduction of the direct presidential election had on the constitutional order of the Czech Republic and disproves various arguments, which once lead to its legislative implementation. Using a descriptive analysis of the behaviour of the first directly elected president Miloš Zeman, author tries to unveil actual jurisdictional disputes between him and other elements of power. The result is a detailed description of the existing cooperation between individual people and institutions of power within the regime and its final character assessment accompanied by...
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Foreign Influences in Constitutional Law
Léko, Kristián ; Hofmannová, Helena (referee)
Kristián Léko: Foreign Influences in Constitutional Law Comparative method has become one of the main trends of contemporary law. Constitutional law is no exclusion. Foreign law is often used as an inspiration in drafting, amending and interpreting of modern constitutions in many states, as well as in the Czech Republic. This thesis illustrates this fact on practical examples and creates a theoretical basis in Czech, with stresses on history, taxonomy and methodology. The first two chapters analyse the history and importance of both general comparative law (Chapter 1) and comparative constitutional law (Chapter 2). Chapter 3 analyses some methodological aspects of comparative law and Chapter 4 shows several patterns, how, when and where can foreign law have influence on domestic legal systems. The last three chapters examine three situations of foreign influence - constitutional drafting (Chapter 5), constitutional amendments (Chapter 6) and constitutional interpretation (Chapter 7). In all these chapters, basic theoretical and comparative background is set and then Czech and Czechoslovak examples are being analysed. It is possible to sum up that Czech constitutional drafters, amenders and interpreters (constitutional judges) are all using foreign arguments in some degree. However, there is no common...
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Foreign Influences in Constitutional Law
Léko, Kristián ; Hofmannová, Helena (referee)
Kristián Léko: Foreign Influences in Constitutional Law Comparative method has become one of the main trends of contemporary law. Constitutional law is no exclusion. Foreign law is often used as an inspiration in drafting, amending and interpreting of modern constitutions in many states, as well as in the Czech Republic. This thesis illustrates this fact on practical examples and creates a theoretical basis in Czech, with stresses on history, taxonomy and methodology. The first two chapters analyse the history and importance of both general comparative law (Chapter 1) and comparative constitutional law (Chapter 2). Chapter 3 analyses some methodological aspects of comparative law and Chapter 4 shows several patterns, how, when and where can foreign law have influence on domestic legal systems. The last three chapters examine three situations of foreign influence - constitutional drafting (Chapter 5), constitutional amendments (Chapter 6) and constitutional interpretation (Chapter 7). In all these chapters, basic theoretical and comparative background is set and then Czech and Czechoslovak examples are being analysed. It is possible to sum up that Czech constitutional drafters, amenders and interpreters (constitutional judges) are all using foreign arguments in some degree. However, there is no common...
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Analysis of Documents on Czech Political System Education
Černý, Jakub ; Mouralová, Magdalena (advisor) ; Veselý, Arnošt (referee)
Analysis of Documents on Czech Political System Education (Bachelor thesis) Author: Jakub Černý Abstract: The bachelor thesis analyzes a Czech educational curriculum and text books on a Czech political system which are intended for secondary schools and grammar schools. The thesis wants to answer questions how these documents inform about the Czech political system and whether these documents keep a constitutional scheme and whether these documents can contribute to making misconceptions of the Czech political system.
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Comparative analysis of Czech and French constitutional regulation of the legislative power and analysis of relevant legal terminology
KUTHANOVÁ, Kateřina
The thesis entitled Comparative analysis of Czech and French constitutional regulation of the legislative power and analysis of relevant legal terminology examines different constitutional regulation of the legislative power in the Czech Republic and the French Republic. The thesis is divided into a practical and a theoretical part. The theoretical part describes the regulation of the legislative power firstly in the Czech Republic and then in the French Republic. In the practical part, the author first performs a comparative analysis of Czech and French constitutional regulation of the legislative power, she evaluates the degree of its similarity and difference, then she deals with the analysis of chosen French legal terms and she creates a French-Czech glossary. A French résumé is enclosed with the thesis. The primary aim of this thesis is to confirm or disprove a hypothesis that the French Parliament has a weaker position in the current constitutional regulation than the Czech one. The secondary aim of this thesis is to analyse the relevant legal terminology.
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Foreign Influences in Constitutional Law
Léko, Kristián ; Kysela, Jan (advisor) ; Mlsna, Petr (referee)
Kristián Léko: Foreign Influences in Constitutional Law Comparative method has become one of the main trends of contemporary law. Constitutional law is no exclusion. Foreign law is often used as an inspiration in drafting, amending and interpreting of modern constitutions in many states, as well as in the Czech Republic. This thesis illustrates this fact on practical examples and creates a theoretical basis in Czech, with stresses on history, taxonomy and methodology. The first two chapters analyse the history and importance of both general comparative law (Chapter 1) and comparative constitutional law (Chapter 2). Chapter 3 analyses some methodological aspects of comparative law and Chapter 4 shows several patterns, how, when and where can foreign law have influence on domestic legal systems. The last three chapters examine three situations of foreign influence - constitutional drafting (Chapter 5), constitutional amendments (Chapter 6) and constitutional interpretation (Chapter 7). In all these chapters, basic theoretical and comparative background is set and then Czech and Czechoslovak examples are being analysed. It is possible to sum up that Czech constitutional drafters, amenders and interpreters (constitutional judges) are all using foreign arguments in some degree. However, there is no common...
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Consequences of the direct presidential elections for the Czech political regime
Kocourek, Jan ; Brunclík, Miloš (advisor) ; Švec, Kamil (referee)
Primary aim of this thesis is to describe the effects of direct elections on the nature of the political regime in the Czech Republic. Specifically, author focus on the distinctive attributes of various forms of government, which are then applied to the current state regime in the Czech Republic after the introduction of direct presidential elections and whether it effectively means a transition from parliamentary to semi-presidential regime. Historical analysis of the presidential office in the Czech countries describes the phenomenon of its extraordinary role and respectability, which is reflected in the contemporary political realities and have a major influence on the functioning of the state. Theoretical analysis deals with impacts introduction of the direct presidential election had on the constitutional order of the Czech Republic and disproves various arguments, which once lead to its legislative implementation. Using a descriptive analysis of the behaviour of the first directly elected president Miloš Zeman, author tries to unveil actual jurisdictional disputes between him and other elements of power. The result is a detailed description of the existing cooperation between individual people and institutions of power within the regime and its final character assessment accompanied by...
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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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The President of the Republic as part of the Executive Branch
Vosáhlo, Jakub ; Janstová, Kateřina (advisor) ; Antoš, Marek (referee)
This dissertation analyzes the institution of president of republic. It describes specifics of this institution, located between "chief of state" and executive body. Then the dissertation studies his relationship to executive power. It covers analysis of presidential constitutional powers, but also other aspects, influencing presidential position and power in constitutional system. Necessary part of this analysis is study of constitutional position of president. This study comes from parliamentary character of constitutional system and presidential powers in this system. It also includes comparison of chosen parliamentary systems. Then the dissertation analyzes specific phenomenon of Czech president. In this country president traditionally has weak constitutional power, but in contrast he disposes with strong authority in public, and this authority gives him big informal influence in political relationships. It can empower his position very well. Dissertation analyzes historical sources of this phenomenon, development of constitutional power of president and also traditions and constitutional use in praxis. It takes a thing about the role of all presidents in all [very diverse] regimes during Czechoslovak and Czech statehood. Development of presidential tradition after assumption of actual constitution is...
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