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Weimar Republic as a lesson for Czech liberal democracy
Perušič, Ondřej ; Kysela, Jan (advisor) ; Reschová, Jana (referee)
Weimar Republic as a lesson for Czech liberal democracy Abstract This rigorous thesis is based on two basic premises. The first is that history should be a source of valuable knowledge and lessons. The second is that the ability to analyse past mistakes and learn from them is essential for the survival of modern liberal democracy. The Weimar Republic is a classic example of a type of modern liberal democracy that was burdened throughout its existence with many problems that eventually led to its downfall. This thesis aims first to subject the Weimar Republic to a thorough analysis, and then to extract from this analysis transferable lessons for the present. Particular attention is paid to Czech liberal democracy, to which the insights gained from the analysis of the Weimar Republic are transferred and subsequently examined. The analysis builds on several pillars. The first and most important is the Weimar Constitution and the constitutional system of the then German Empire. In particular, attention is paid to the problematic relationship between the executive and the legislature, the electoral system, and the imbalance of powers under emergency legislation. However, the shortcomings of the constitutional framework alone cannot reliably explain the collapse of a system as complex as the Weimar Republic....
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Z pouličních protestů do La Monedy: dynamika studentského hnutí v Chile
Kuklová, Michaela
This bachelor theses analyses the rise of student leaders to the leadership position of the country after the 2011 Protests. As for the methods, the literary research method was chosen. The main goal of this theses is to evaluate how did the governments of Chile reacted to the demands of the movements after the 2011 Protests, that culminated in the draft of a new constitutional law. These new laws were supposed to replace the 1980 Chilean Constitution, that was introduced under the government of Augusto Pinochet Ugarte. The first part of the theses introduces the process of implementation of Neoliberal policies in Chile, with focus on the field of tertiary education in connection to the demands of the students during the 2011 Protests. In the second chapter of the theses, the Students Confederation CONFECH is introduced as a key actor as a mediator during these protests together with two selected protagonists of the confederation, who worked their way up to the head of the country´s leadership. Last chapter focuses on the two main events of the political development of Chile after 2019, in which the students played key role: the 2021 Presidential election and the already mentioned Draft of the new Constitution.
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Contemplated reforms of the U.S. presidential election
Trunda, Jakub ; Horák, Filip (referee)
1 Contemplated reforms of the U.S. presidential election Abstract This diploma thesis is dedicated to the U.S. presidential election, specifically the greatest attention is paid to the electoral system called the electoral college which is used during the election. The text of my thesis relates to the US presidential election which is generally a very extensive topic therefore it is not possible to analyze in detail all the individual aspects of the process and thus provide a complete thorough analysis within this thesis. As a result of this, my aim is to briefly present the historical development of the electoral college along with its current functioning during the election process of the President of the United States. Subsequently, I am going to focus closely on potential reforms of the presidential elections that could significantly contribute to the improvement of the entire process of selecting (electing) the president of the United States. This thesis is divided into three consecutive parts, each part is then divided into several individual chapters. In the first part I am discussing the main historical reasons leading the founding father of the United States to adopt the current presidential electoral system and I am also focusing on its early discovered insufficiencies which had been corrected by...
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Impartiality in the U.S. Supreme Court: Navigating Judicial Values in a Political Arena
Doskočil, Jan ; Pondělíček, Jiří (advisor) ; Kozák, Kryštof Přemysl (referee)
Impartiality is an important theoretical concept that determines the ability of judges to provide both parties of litigation with a fair trial. Despite this, judicial impartiality is relatively unexplored in academic writings. This thesis aims to correct this discrepancy by delving into varying interpretations of impartiality and the occurrence of impartiality debates in the context of the Supreme Court confirmation hearings. The thesis seeks to answer the question of whether impartiality plays an important role in the appointment of new justices and whether impartiality concerns are overshadowed by political concerns. Furthermore, the thesis explores possible avenues for changes that would ameliorate impartiality discussions, both with respect to theoretical interpretations of impartiality and practical reforms of the confirmation process. Through an analysis of recent confirmation hearings, the thesis concludes that while impartiality is important in considerations of judicial candidates, the problem lies in its competing interpretations, which are mostly divided along the lines of partisan affiliation. Moreover, impartiality is at the core of all kinds of judicial philosophy, which complicates its theoretical separation from various schools of legal thought. This interpretational ambiguity,...
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Contemplated reforms of the U.S. presidential election
Trunda, Jakub ; Antoš, Marek (advisor) ; Grinc, Jan (referee)
1 Contemplated reforms of the U.S. presidential election Abstract This diploma thesis is dedicated to the U.S. presidential election, specifically the greatest attention is paid to the electoral system called the electoral college which is used during the election. The text of my thesis relates to the US presidential election which is generally a very extensive topic therefore it is not possible to analyze in detail all the individual aspects of the process and thus provide a complete thorough analysis within this thesis. As a result of this, my aim is to briefly present the historical development of the electoral college along with its current functioning during the election process of the President of the United States. Subsequently, I am going to focus closely on potential reforms of the presidential elections that could significantly contribute to the improvement of the entire process of selecting (electing) the president of the United States. This thesis is divided into three consecutive parts, each part is then divided into several individual chapters. In the first part I am discussing the main historical reasons leading the founding father of the United States to adopt the current presidential electoral system and I am also focusing on its early discovered insufficiencies which had been corrected by...
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Transfer prices: meaning and definition from constitutional law perspective
Hájek, Jan ; Marková, Hana (advisor) ; Mrkývka, Petr (referee) ; Sejkora, Tomáš (referee)
140 Transfer prices: meaning and definition from constitutional law perspective Abstract The thesis deals with the problem of the definition of transfer prices in the substantive tax law, which in general terms it puts in connection with the constitutional requirements arising from the theory of law and normative formation. Thus, the basic grounds for the regulation of transfer pricing in Act No. 586/1992 Coll., on Income Taxes and the OECD Model Double Tax Convention as primary sources of law, legislative definition of this area in domestic and international tax law are defined. These are further elaborated into the detailed level of the methodology of determining the transfer price, which follows from the Instruction of the General Tax Directorate D - 34 and the OECD Transfer Pricing Guideline, and are also subjected to a critical examination in terms of their legal bindingness, position in the legal system, but also from the perspective of the rule of law maxim in the sense of the clarity of the law and its predictability. On the basis of the submitted argumentation, it is concluded that none of the above-mentioned documents defining the procedure by which the transfer price is to be determined is a binding source of law a limine and will always constitute only a non-binding instruction or guide to its...
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Constitutional quarantees of territorial self-government
Borovička, Roman ; Hřebejk, Jiří (advisor) ; Mlsna, Petr (referee)
Constitutional guarantees of territorial self-government Abstract The aim of this diploma thesis is to present selected institutes of constitutional and administrative law, which are connected with territorial self-government and which guarantee territorial self-governing units their existence and functioning, analysis and evaluation of application of these institutes in practice, warning of their potential difficulties, or proposal their modifications or improvements so as to provide sufficient legal guarantees for independent activities and the existence of local self-government in the Czech Republic. The method of selective literary research is applied in the diploma thesis. Materials related to its topic are used for the elaboration of the work, mainly works from the branches of constitutional law, administrative or municipal law, corresponding legal acts and comments. The method of observation was also used, in which the author tries to find out how the individual institutes, which are in any way connected with the issue of constitutional guarantees of local government, behave in reality, approach their main purpose and also analyse their real effectiveness thanks to elements of the analytical method. in particular through the broad case law of the Constitutional Court. The author of the thesis adds...
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