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Constitutional Conventions of the President of the Slovak Republic
Šedivý, Jakub ; Brunclík, Miloš (advisor) ; Hájek, Lukáš (referee)
The eminent Slovak author Marian Giba argues, in connection with the Constitutional Law applied in Slovakia, that the Slovak constitutional system is neither currently based on an unwritten law, nor will it be short. However, this does not mean that in society there is no room for applying the conventions mentioned above in practice. Constitutional conventions are and will continue to be an integral part of the exercise of the mandate of the President of the Slovak Republic. Unlike a constitutional text, a constitutional convention does not emerge overnight. But on the contrary, the process of creating constitutional conventions is purely gradual and many times even subtle in practice. With the thesis problem, I tried to build on my bachelor thesis research, where I examined whether the Constitutional Constitutions were violated in practice by the President of the Slovak Republic at the most critical moments during the governmental crisis in Slovakia in 2018. In this case, I tried to focus on only one constitutional convention. The research question of the final master thesis was to find out the concept of a critical Constitutional Conventions in the territory of Slovakia, i.e., the assignment of the representative of the winning political party to form a new government. Through careful analysis,...
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Free law-finding (causes and consequences)
Henčeková, Slavomíra ; Gerloch, Aleš (advisor) ; Maršálek, Pavel (referee) ; Bröstl, Alexander (referee)
Free law-finding (causes and consequences) Abstract This dissertation deals with the phenomenon of free law-finding and analyses its causes and consequences. The introduction outlines the aim of the dissertation, reasons for choosing this topic, the current state of research, especially in the Czech-Slovak legal environment, methodology and also briefly the issue of causality in general. The main part of the dissertation is divided in two parts. The first part contains description and analysis of the German Free Law Movement (Freirechtsschule) from the turn of the 19th and 20th centuries led by the German legal scholar Hermann Kantorowicz and his manifesto The Battle for Legal Science (Der Kampf um die Rechtswissenschaft), which formed the theoretical basis of the Free Law Movement and, thus, also of this dissertation. In this part, the lives and works of the main representatives of the Free Law Movement are discussed (Hermann Kantorowicz, Ernst Fuchs, Eugen Ehrlich), but also some others are mentioned including Gustav Radbruch. At the end of the first part, the analysis of the free law in the theory of the Free Law Movement is provided, as well es of the causes and consequences which have led to the emergence and existence of the Free Law Movement; finally, the analysis of the consequences of the Free Law...
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