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Quality of democracy and the role of Constitutional Courts in Central Europe
Weishauplová, Barbora ; Guasti, Petra (advisor) ; Jüptner, Petr (referee)
This bachelor thesis deals with the study of the role of the Constitutional Court in Poland and the Czech Republic and their impact on the state of democracy, especially during the COVID- 19 pandemic. In the case study of both countries, three thematic areas are analyzed: the institutional setting of the constitutional judiciary, the process of appointing judges and the independent activities of the CC, which are created on the basis of current research and academic literature. The analyzes are mainly based on political developments, the constitutional entrenchment and the reaction of the US to government procedures that have had an impact on the deterioration of the quality of democracy. The two case studies are then compared to answer the question; what role the they played during the pandemic. The analysis itself shows that the role of the CC during the pandemic was crucial in both countries, although their position in the examined areas differed considerably. This finding is based mainly on the intensity of influencing the following political events, which was caused by the functioning of the CC. The difference lies in the relationship of the CC to the pandemic. In the Czech Republic, his approach was found to be active, as he revised protective measures to balance public health and democracy,...
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Constitutional courts and preliminary references to the CJEU
Pivoda, Marek ; Syllová, Jindřiška (referee)
The thesis aims to analyse the use of preliminary reference procedure according to Article 267 of the TFEU by the constitutional courts. It firstly focuses on the potential ways in which constitutional courts may interact with EU law in general. It also describes the preliminary reference procedure in the context of the theory of constitutional pluralism. Finally, based on the analysis of 43 preliminary references posted by constitutional courts between the years of 1952 and 2019, it identifies various types of preliminary questions as well as numerous factors which might impact the decision of a particular constitutional court to refer the request or not. Last but not least, the thesis focuses on the subsequent stages of the procedure: the reactions of the CJEU and final rulings of the constitutional courts.
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Constitutional courts and preliminary references to the CJEU
Pivoda, Marek ; Syllová, Jindřiška (referee)
The thesis aims to analyse the use of preliminary reference procedure according to Article 267 of the TFEU by the constitutional courts. It firstly focuses on the potential ways in which constitutional courts may interact with EU law in general. It also describes the preliminary reference procedure in the context of the theory of constitutional pluralism. Finally, based on the analysis of 43 preliminary references posted by constitutional courts between the years of 1952 and 2019, it identifies various types of preliminary questions as well as numerous factors which might impact the decision of a particular constitutional court to refer the request or not. Last but not least, the thesis focuses on the subsequent stages of the procedure: the reactions of the CJEU and final rulings of the constitutional courts.
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The Role of Constitutional Courts in Maintaining Political Stability in Latin America
Langhammerová, Šárka ; Střítecký, Vít (advisor) ; Lipovský, Milan (referee)
This thesis concerns the role of constitutional courts in maintaining stability in the country. The thesis first of all introduces the connection between the concepts of stability, security and democracy. With the help of the general theory of disputes and conflicts formed by Shonholtz and the definition of the various roles that courts can play with respect to a political system, this thesis attempts to outline how courts can contribute to security and stability in the country or how they, on the contrary, can disrupt it. In the practical part, the thesis focuses on the region of Latin America. Using the examples from selected countries (Bolivia, Venezuela and Argentina), this work tries to demonstrate the effect of decisions of constitutional courts on stability and security. Crucial in the assessment of their stabilization role is if the courts are able to evoke civic trust in a democratic system and if they have the ability to protect the system effectively. The role of courts in selected cases is assessed using the functional analysis.
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