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Political context of nominations of justices of the Constitutional Court of the Czech Republic
Binhack, Oto ; Ondřejková, Jana (advisor) ; Chmel, Jan (referee)
The political context of the selection of the judges of the Constitutional Court of the Czech Republic Abstract The thesis deals with the political context of the selection of judges of the Constitutional Court of the Czech Republic. The research question is whether the Senate's rejection of the President's nominees is more a manifestation of political power or a corrective to the high moral and professional quality of the Constitutional Court judges. Along with this, the thesis examines whether it would be appropriate to change the current legal regulation of the selection of constitutional judges. The first part of the thesis initially summarises the previous academic reflections on the topic, which mostly pointed out the inappropriateness of the possibility of reappointing constitutional judges, together with the linking of their terms of office to the president's, and the somewhat haphazard approach of senators to the assessment of candidates. Furthermore, this part of the thesis contains a definition of the research question consisting in a narrow conception of politics in the sense of policy. The second to fifth parts of the thesis are devoted to the terms of office of individual presidents, with a review of their unsuccessful nominations to the Constitutional Court, although in the case of Václav...
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The Head of State in the constitutional system of the Czech Republic: de iure and de facto
Gřešák, Martin ; Gronský, Ján (advisor) ; Hřebejk, Jiří (referee)
Diploma thesis "The Head of State in the constitutional system of the Czech Republic: de iure and de facto" discourses both provisions, which integrate the institution of the president of the republic in constitution, and the virtual implementation of this uppermost authority in the state. At the beginning, the thesis deals with the historical dimension of the issue. It speaks of the general development and history of the office in Czech lands. Hereupon a depiction of the theoretical extent of this office follows. A large verge is devoted to the placement and the powers of the president in the constitution. The pragmatic part of the thesis consists of two case studies. The first one deals with the presidency of Václav Havel. The second one deals with the execution of the office by Václav Klaus. An extra attention is paid to the analysis of the accordance between the theoretical and pragmatic pursuance of the office of president of the Czech Republic.
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The Constitutional Institute of Pardon and Amnesty
Bednář, Marcel ; Janstová, Kateřina (advisor) ; Kudrna, Jan (referee)
The Constitutional Institute of Pardon and Amnesty The diploma thesis called The Constitutional Institute of Pardon and Amnesty is dealing with highly relevant issues often discussed at the political scene of the Czech Republic. It reflects the current debate on whether the institutes should remain in the legal system of the Czech Republic. The main thesis was chosen accordingly - on the contrary to arguments pleading for removing the institutes. The diploma thesis explains the main terms and theoretical divisions, as well as various forms of the institutes of pardon and amnesty. One of the chapters is devoted to the meaning of the institutes which may play a significant role when considering legitimacy of pardons and amnesties. Current domestic legislation regarding the institutes is described with regard to consequences of international law. The process of presidential pardon granting is elaborated in detail. Critical moments of the process are emphasised and different approaches of the three presidents of the Czech Republic are compared. The chapter concerning amnesty is constructed similarly. Critical moments of the institutes of pardon and amnesty are discussed thoroughly. The focus is aimed to problems such as responsibility, overusing or misusing of the institutes or clash with the...
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Constitucional institutes of pardon and amnesty
Šembera, Jan ; Janstová, Kateřina (advisor) ; Kudrna, Jan (referee)
1 Abstract CONSTITUTIONAL INSTITUTES OF PARDON AND AMNESTY This thesis deals with constitutional institutes of pardon and amnesty. The thesis aims to provide information on existing legal regulation of this area, closer explanation of the particular legal institutes, describe their historical development and show the way of their application during tenures of Czech presidents. The Introduction contains brief summary of the goals of the thesis, its structure and reasons for choice of the respective topic. The First Chapter is devoted to definition of elementary terms of pardon and amnesty and explanation of basic differences of their forms, i.e. abolition, agraciation and rehabilitation since correct understanding of these terms is crucial for understanding of the whole following text, The Second Chapter deals with historical development of the constitutional institutes in question before emergence of the independent Czech Republic. The Third Chapter contains analysis of current legal regulation in constitutional and general law. The Fourth Chapter is devoted to pardon, particularly more thorough analysis of transfer of capacity to grant pardons and procedural affairs related to granting of pardons in practice. Final part of this Chapter contains description of specific pardons granted during tenures of...
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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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Constitucional institutes of pardon and amnesty
Šembera, Jan ; Janstová, Kateřina (advisor) ; Kudrna, Jan (referee)
1 Abstract CONSTITUTIONAL INSTITUTES OF PARDON AND AMNESTY This thesis deals with constitutional institutes of pardon and amnesty. The thesis aims to provide information on existing legal regulation of this area, closer explanation of the particular legal institutes, describe their historical development and show the way of their application during tenures of Czech presidents. The Introduction contains brief summary of the goals of the thesis, its structure and reasons for choice of the respective topic. The First Chapter is devoted to definition of elementary terms of pardon and amnesty and explanation of basic differences of their forms, i.e. abolition, agraciation and rehabilitation since correct understanding of these terms is crucial for understanding of the whole following text, The Second Chapter deals with historical development of the constitutional institutes in question before emergence of the independent Czech Republic. The Third Chapter contains analysis of current legal regulation in constitutional and general law. The Fourth Chapter is devoted to pardon, particularly more thorough analysis of transfer of capacity to grant pardons and procedural affairs related to granting of pardons in practice. Final part of this Chapter contains description of specific pardons granted during tenures of...
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Constitutional conventions in the Czech Republic
Dragoun, Radek ; Brunclík, Miloš (advisor) ; Švec, Kamil (referee)
This diploma thesis focuses on constitutional conventions in the Czech Republic. Its aim is to analyze their role in the Czech constitutional system. The work focuses on five areas where the influence of constitutional customs is often spoken. Priority is given to exploring the places where several constitutional institutions are interwoven because it is precisely on them that the power of constitutional conventions is best documented. It focuses in particular on how the practices have been observed in the past and how other constitutional actors have responded. The thesis examines the influence of introducing the direct election of the president to constitutional conventions. A directly elected president may feel more legitimate, and in order to gain a stronger position for himself, he may tend to violate some constitutional conventions or try to introduce new ones. As a result, the finding that the Czech constitution is still a relatively new document and that there was not enough time to fully establish most of the constitutional conventions. However, some constitutional conventions are already becoming an integral part of the constitutional order, whose strength will be decided by the following years. If the constitutional actors - and especially the directly elected presidents - will continue to...
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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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