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The role of obstructions in the Czech legislative system
Sedláček, Martin ; Brunclík, Miloš (advisor) ; Švec, Kamil (referee)
The main goal of this thesis is to describe the use of obstruction mechanisms in the Czech legislative system, where in the Chamber of Deputies of the Parliament of the Czech Republic, as key legislative institutions of the parliamentary system, has been making massive damages in the form of blocking the negotiation of draft laws for many years. The reasons that led to the Rules of Procedure of the Chamber of Deputies permitting the existence of this phenomenon are not quite obvious, but they are an integral part of the parliamentary culture of our country, which existence is mainly used by the legislative minority. Even though the Rules of Procedure have a clear wording, which allow the existence of obstructions, their use is often considered as unconstitutional, as their use often exceeds the affordable limit. The main objective of this theses is to introduce to the reader all the instruments that help to obstructions and subsequently to show their use in practice during the meetings of the Chamber of Deputies within the last three parliamentary term, including the period in progress.
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The role of obstructions in the Czech legislative system
Sedláček, Martin ; Brunclík, Miloš (advisor) ; Švec, Kamil (referee)
The main goal of this thesis is to describe the use of obstruction mechanisms in the Czech legislative system, where in the Chamber of Deputies of the Parliament of the Czech Republic, as key legislative institutions of the parliamentary system, has been making massive damages in the form of blocking the negotiation of draft laws for many years. The reasons that led to the Rules of Procedure of the Chamber of Deputies permitting the existence of this phenomenon are not quite obvious, but they are an integral part of the parliamentary culture of our country, which existence is mainly used by the legislative minority. Even though the Rules of Procedure have a clear wording, which allow the existence of obstructions, their use is often considered as unconstitutional, as their use often exceeds the affordable limit. The main objective of this theses is to introduce to the reader all the instruments that help to obstructions and subsequently to show their use in practice during the meetings of the Chamber of Deputies within the last three parliamentary term, including the period in progress.
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Obstructions connected to the right to information
Tuláček, Michal ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The master thesis's topic are obstructions connected with the execution of the right to information, both by obligated entities as well as by information requestors. The right to information is a political right anchored in the Charter of Fundamental Rights and Freedoms and also in the international contracts stipulating human rights. Its definition is relatively wide, but not unlimited, because next to it from constitutional order flow other rights, freedoms or legitimate national interests, with which the right to information can be in conflict. In particular, it is concerning the law on protecting privacy or the national interest for protecting secret information, whose disclosure could endanger the national safety. The right to information can collide with other rights, freedoms or interests, therefore can be rightfully restricted and it is possible not to provide the requested information. However, such a restriction has to be anchored in the law and must be proportional and essential to the protection of rights and freedom of others, national safety, public safety, protection of public health and morals.in a democratic society. In reality, the right to information is restricted also for reasons unforeseen by the law. The right to information is nonetheless incorrectly executed even in cases of some...
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Obstructionism in Czech Legislative Process
Kubný, Adam ; Němec, Jan (advisor) ; Kuta, Martin (referee)
This Diploma Thesis deals with obstructions within the legislative process of the Parliament of the Czech Republic, more precisely in hearings at the Lower House. The aim of the thesis is to describe the phenomenon of obstructions and their importance in the legislative process. In the beginning, the author establishes three basic research questions, which he then tries to answer through quantitative methods. Firstly, the author answers the question whether either site of the ideological spectrum tends to use the tactic of obstruction more often. Secondly, he inquires whether there are any differences between the obstructions of a right-wing or a left-wing party. Finally, the author aims to clarify if the long-established parties in the Chamber of Deputies have an advantage in the practice of obstructions and thus are more successful in it than new parties are. The text is divided into three separate chapters with a logical structure starting from theoretical themes and continuing with an empirical analysis. The first part, which is purely theoretical, is followed by a chapter dealing with the legislative process which can be considered as a transition between the theoretical and empirical parts. The following chapter is based on empiricism and analyses stenographic records and interviews with the representatives of political parties. The carried out analyses suggest that it is impossible to state clearly which site of the ideological spectrum tends to use the tactic of obstruction more often, as in the majority of cases parties using this tactic find themselves in the opposition. However, while obstructing, both left-wing and right-wing parties use almost identical tools. Ultimately, it can be stated that parties represented in the House of Deputies for a long period are not more successful in practicing obstructions than other parties, even though they use strategies that are more sophisticated.
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