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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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Liechtenstein between direct democracy and absolute monarchy? The Road to a New Liechtenstein Constitution
Floder, Daniel ; Kunštát, Miroslav (advisor) ; Lizcová, Zuzana (referee)
At the end of the 20th century, a power conflict emerged between the ambitious Prince of Liechtenstein and the elected representatives which wanted to curb the prince's considerable powers. This development culminated in the 2003 constitutional amendment, in which the prince prevailed and gained powers at the expense of the democratically elected institutions. The aim of this thesis is to analyse the 2003 constitutional amendment and its impact on the constitutional and political system of Liechtenstein and to determine the reasons behind the prince's success in the constitutional referendum. To achieve these goals, a case study analysis is conducted. Concepts such as the king's dilemma are used to interpret the results within the framework of political science research on monarchies. The hypothesis suggests that despite the strengthening of the prince's political power, the country has not turned into an absolute monarchy, and that the main reason for the prince's success was his influential status rooted deeply in the historical traditions and sentiments of the population. The thesis utilizes primary sources, most importantly the constitution, supplemented with insights from secondary literature in the fields of political science, history, and law. The thesis concludes that the prince's...
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The position of the Constitutinal Court in the system of separation of powers in the Czech Republc
Schneider, Jan ; Hofmannová, Helena (advisor) ; Suchánek, Radovan (referee)
The position of the Constitutional Court in the system of separation of powers Abstract The thesis deals with defining the position of the Constitutional Court in the system of separation of powers in the Czech Republic. In order to understand the role of the Constitutional Court, it is important to understand the historical context, therefore the first part of the thesis deals with the development and concepts of constitutionalism and constitutional justice. In this part, the thesis will focus on important thinkers who have influenced the way of thinking about the modern state and the separation of powers. Subsequently, constitutional justice is concentrated and diffused. The second chapter deals with the development of the Constitutional Judiciary in Bohemia, from the Habsburg Monarchy, through the period in Czechoslovakia in 1918-1938, then the period from 1945-1989 and finally the Constitutional Court which was established in 1991. The third chapter will focus on the Constitutional Court of the Czech Republic, its establishment and legal regulation, the characteristics of the court as an institution, the function of a judge of the Constitutional Court, the specifics and individual types of proceedings before the Constitutional Court and the manner and binding nature of the Constitutional Court's...
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Tailor-made laws in public law
Sharp, Vladimír ; Handrlica, Jakub (advisor) ; Pomahač, Richard (referee) ; Pouperová, Olga (referee)
Tailor-made laws in public law Resumé This thesis deals with the issue of so-called individualised legislation, i.e. laws with an individually determined addressee, a specific subject, or laws lacking any other element of generality or abstraction. Such legislative acts, collectively referred to as tailor-made laws, represent a hybrid between a law par excellence and an individual (administrative) act, thus creating a practical and doctrinal problem both in terms of the separation of powers, and in terms of interference with rights of individuals affected by such laws. When the form of a law is conferred on an individual act, the rights and obligations of explicitly named persons or a specific matter are decided outside the standard procedural regime, which means, among other things, that the persons in question may be deprived of procedural rights, including the right to due process and judicial protection, and such persons effectively find themselves at the mercy of the Constitutional court. Moreover, the vision of a shift to a purely formal conception of legislation raises the question of whether legislation is to be regarded as a universal instrument for the expression of political will, and thus whether the form of law can be freely used to achieve any ends. In this thesis, the author analyses the...
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Reflection of the Czechoslovak Constitution 1920 in The Constitution of the Czech Republic
Pažourek, Kryštof ; Stauber, Jakub (advisor) ; Charvát, Jan (referee)
The theme of the bachelor's thesis is the reflection of the Czechoslovak Constitution 1920 in the Constitution of the Czech Republic. The main goal of the thesis is to find out what were the main sources of inspiration in the creation of the Constitution of the Czech Republic and especially how much the current basic document of the state organization differs or on the contrary agrees with the Constitution of the Czechoslovak Republic adopted in 1920. In the first part, the thesis focuses on the historical context in the formation of the Constitution of the Czech Republic, especially describes the important social changes in 1989 and the subsequent disintegration of the federation. After understanding the historical context, the reader is acquainted with the process of creating and subsequent adoption of the Constitution of the Czech Republic. This part of the thesis also deals with the very sources of inspiration of the Constitution of the Czech Republic, namely historical, philosophical, and foreign sources. The second part of the bachelor thesis belongs to the comparison of the Constitution of the Czechoslovak Republic from 1920 and the Constitution of the Czech Republic. In this comparison, emphasis is placed on the legal, executive, and judicial powers, as well as on the overall concept of the...
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Participation of the Executive and Legislative on War Powers After 9/11
Doskočil, Jan ; Hornát, Jan (advisor) ; Kozák, Kryštof (referee)
The subject of this thesis is a resolution titled "Authorization for Use of Military Force Against Terrorists" and its importance regarding the matter of war power of the President of the United States. This resolution was proposed by the President George W. Bush immediately after the terrorist attacks of 9/11, and Congress passed it with haste. It vested broad war powers in the President to the war on terrorism without the necessity of consulting Congress. This thesis' aim is to evaluate the importance of this resolution in the ever-evolving discussion about the participation of the executive and legislative branches on war powers. The thesis also analyzes the legality and legitimacy of the resolution according to the Constitution and the Founding Fathers' intentions while creating it. This thesis addresses these issues through analyzing diverse interpretations of the Constitution, statements made by the Framers of the Constitution, and through examination of the development of war powers in the second half of the 20th century.
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Judicial activism
Pumr, Jaromír ; Tryzna, Jan (advisor) ; Wintr, Jan (referee)
Judicial activism Abstract This thesis tries to complexly grasp the phenomenon of judicial activism. The key role for it and its analysis of judicial activism is the theory of separation of powers in the state, without its comprehension it is hardly possible to correctly assess. The first chapter thus focuses on the theoretical concept of separation of powers, its evolution and current standing. Takes a critical stand with present thinkers and suggests rethinking its approach to stress the theory's purpose instead. The second chapter analyses judiciary and judicial system from the functional and institutional approach. Offers its classical definitions yet describes many authors who criticize the affinity of judicial power's activity to the one of state administration. It tries to rebut those opinions with arguments of specific expertise of judges and of its legitimacy. In the third chapter the focus is on the judicial activism. It identifies large dispersion of its definitions therefore uses meta-analysis of Keenan Kmiec for its definition. Firstly, discusses the major change of judicial power in society during the last century and for this reason addresses those most important changes: hypertrophy of law and human rights, and shift of the main interpretational paradigms to natural law emphasis....
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The Indpendene of the Judiciary in the Czech Republic
Josef, Jakub ; Kindlová, Miluše (advisor) ; Syllová, Jindřiška (referee)
This diploma thesis deals with the topic of the independence of the judiciary, which is grasped in its full complexity. The thesis aims to answer two research questions: what techniques of influencing of the independence of the judiciary exist and how could be the resistance of the Czech judiciary against these techniques strengthened. In order to answer these two questions, thesis introduction elaborates the theory of the concept of an independent judiciary, independent court and independent judge and explains the difference between the concepts of judicial independence and judicial impartiality. After the introduction, the thesis describes in detail the steps which have been undertaken in Hungary and Poland since 2010 and which enabled to paralyze the independence of the judiciary in these states. The detailed description of the attacks against the independent judiciary helps to conceive different kinds of techniques by which can be the judiciary influenced. These techniques are categorized in the third part of the thesis. More attention is given to the court- packing technique and to the technique of disciplinary proceedings with judges. Another part of the thesis is dedicated to the second research question - how one can successfully fight against techniques of influencing an independent...
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