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The impact of the political question doctrine on decision-making of judges of the Constitutional Court of the Czech Republic
Procházková, Andrea ; Kysela, Jan (advisor) ; Uhl, Pavel (referee)
The impact of the political question doctrine on decision-making of judges of the Constitutional Court of the Czech Republic Abstract The thesis deals with the influence of the political question doctrine on decisions of the Constitutional Court of the Czech Republic. It explains the meaning of the political question in the United States, describes what the possible Czech political questions could be and outlines reasons for judicial restraint in the cases lying on the boundary of law and politics. The first part of the thesis briefly presents relations between constitutional law and the part of politics which is closely connected to the constitutional judiciary. This relationship is explained by a phenomenon called the judicialization of politics which describes the growing role of constitutional courts in solving political controversies and policy questions. Moreover, to better understand the impact of the political question doctrine on decision-making of Czech constitutional judges, the second part of the thesis deals with the origin and an establishment of this doctrine in the Supreme Court of the United States, and indicates its future development. The third and fourth part of the thesis focuses on defining the Czech political question, its limits and also on its application by the Constitutional Court...
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The Political Character of Constitutional Review
Juhás, Juraj ; Gerloch, Aleš (advisor) ; Kosař, David (referee) ; Kühn, Zdeněk (referee)
in the English language: The Political Character of Constitutional Review. In this thesis, we tried to find out whether constitutional review in the Czech Republic has at least partially a political character. In the Czech Republic, constitutional review is exercised by the Constitutional Court in two types of proceedings: (a) proceedings on derogation of statutes and other regulations (laws) and (b) proceedings on constitutional complaints against decisions or other interferences of public authorities in constitutionally guaranteed fundamental rights or freedoms. In proceedings on derogation of laws, we found that judicial decision-making behaviour has at least partially a political character. The reason is, in particular, that (a) judges decide in favour of proposals for derogation of laws filed by legislators (deputies or senators) of the same political affiliation as the judges' appointing president more often than when the legislator's political affiliation is the opposite; (b) ideological assessment of the analysed decisions shows that ideological aspects of the decision-making of judges significantly correlate with the presumed ideology of their appointing president. Moreover, the differences in judicial activism are smaller than the differences between legislators of opposite political...
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Socialization in international regimes of human rights protection: Study of a constitutional review in Kenya
Šklebená, Karolína ; Zemanová, Štěpánka (advisor) ; Kochan, Jan (referee)
Since its independence in 1963 Kenya has been considered a democratic and non-problematic country, although it had been ruled just by two different presidents until 2002. The transformation to democracy proces followed by improvement of human rights started in 1991 and it took almost twenty years to get rid of some colonial remains in Kenya's legislation. Human rights abuses which peaked during the rule of the second president of Kenya caught attention of international activists and donors during 1990s and due to pressure from inside and outside the situation has began to ameliorate. The adoption of the new Constitution in August 2010 may be considered the biggest success of human rights defenders in the country.
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