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The essential requirements for a democratic state in the Constitution of the Czech Republic
Žáček, Filip ; Suchánek, Radovan (advisor) ; Preuss, Ondřej (referee)
Essential Elements of a Democratic Rule of Law in the Constitution of the Czech Republic Abstract This thesis aims at comprehensive examination of the way in which essential elements of a democratic rule of law are embedded in the laws of the Czech Republic, in particular the Constitution, effective from 1 January 1993, as their centrepoint. The author's key task has been to deal with the difference between constitutional standards of other countries and Czech laws, where the text of the Constitution does not expressly identify the legal institutions that in their unity form the material core of the Constitution. The thesis provides a theoretical definition of the individual components of a democratic rule of law in the light of modern jurisprudence findings. It also outlines procedures aiming at the identification of the individual institutions embedded in the substance of constitutional law that form the unchangeable parts of the Constitution. The state idea, which individualizes the generally applicable essentials of a democratic state governed by the rule of law for requirements of Czech legal system, is considered the cardinal bearer of the core of the essential elements. Its development is described since the 16th century until the present, while its continuity or discontinuity is examined. It is...

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