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Protection of rights with respect to the elections to municipal councils
Švec, Michal ; Mikule, Vladimír (advisor) ; Kopecký, Martin (referee)
The main aim of this thesis is an introduction into the basic principles of electoral law and instruments of their protection, especially through the judicial power, in the local elections. The right to participate on public affairs is one of the fundamental attributes of the citizens of a democratic state. Its protection through independent and impartial courts is very important. The first chapter sets out rights relating to elections into municipal councils. The second chapter explains the stages of the electoral process, including examples of selected court decisions related to some institutes. The third chapter deals with the protection of public subjective rights in the election judiciary. The protection is provided to political rights of voters, political parties, candidates and elected members of representative bodies. There is a brief mention about the protection that has been previously provided by civilian courts. In accordance with the system of the Judicial Administrative Procedure Code I discuss four particular types of proceedings - proceedings in matters of electoral rolls, proceedings in matters of registration of candidates, proceedings in matters of invalidibity of elections and voting and proceedings concerning termination of the mandate. The third type of procedure, judicial...
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Court case-law regarding elections
Záleský, David ; Antoš, Marek (advisor) ; Kudrna, Jan (referee)
This theses deals with analysis of cases that were held mainly before the Constitutional Court and the Supreme Administrative Court of the Czech Republic with regard to the election process and political parties. It focuses mainly on the analysis of topics that are often criticised by small political parties as harmful to the free and fair election process. Specifically, these topics include election threshold, setting electoral districts, methods for allocating seats, subsidising political parties from the national budget, financial restrictions on candidacy, and access to media. The thesis briefly summarizes relevant theoretical premises, which is followed be presenting the bases of criticism of the specific institutes, and finally the courts' opinions are analysed as well. With each of the institute, the main goal of the theses is to show how the courts interpret them. Specifically, it focuses on finding a line between what courts still deem acceptable, and what is perceived by them as too damaging to the fair and free election process.
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Protection of rights with respect to the elections to municipal councils
Švec, Michal ; Mikule, Vladimír (advisor) ; Kopecký, Martin (referee)
The main aim of this thesis is an introduction into the basic principles of electoral law and instruments of their protection, especially through the judicial power, in the local elections. The right to participate on public affairs is one of the fundamental attributes of the citizens of a democratic state. Its protection through independent and impartial courts is very important. The first chapter sets out rights relating to elections into municipal councils. The second chapter explains the stages of the electoral process, including examples of selected court decisions related to some institutes. The third chapter deals with the protection of public subjective rights in the election judiciary. The protection is provided to political rights of voters, political parties, candidates and elected members of representative bodies. There is a brief mention about the protection that has been previously provided by civilian courts. In accordance with the system of the Judicial Administrative Procedure Code I discuss four particular types of proceedings - proceedings in matters of electoral rolls, proceedings in matters of registration of candidates, proceedings in matters of invalidibity of elections and voting and proceedings concerning termination of the mandate. The third type of procedure, judicial...
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