- Position and activities of the Czech Bar Chamber The topic of my thesis is "Position and activities of the Czech Bar Chamber". The purpose of the thesis is to analyze the role, importance and functioning of the professional chamber which associates over of 12 000 attorneys. I have chosen this particular topic as I think the available literature dealing with professional chambers, particularly the Czech Bar Association (hereinafter CBA) is not up-to- date and does not comprehensively cover the current status of this institution. In addition to the descriptive passages the thesis includes statistical data analysis, reflections on the current state of the CBA and its possible transformation. The thesis is composed of five chapters; the first chapter is a brief introduction to the issue of self-government. It covers what this term means, explains the dividing of self- government and focuses on describing the related terms. The second chapter provides an insight into the history of attorney self-government. Its formation and development is presented including the production of relevant legislation from the late 19th century through the period of the first Republic of Czechoslovakia, to the era of the destructive socialist regime until the post-revolutionary renaissance of freedom of advocacy. The key...

This thesis deals with the essential aspects of the local referendum as a widely used complement of representative democracy and with the particular forms it appears in the Czech and Slovenian legal orders. The main objectives of this thesis are following: describing Czech and Slovenian legal regulations concerning the local referendum in detail, exploring certain areas of its practical use and finally concluding whether there is any significant difference in the way these two countries, that share similar experience historically and of the recent years too, approach direct democracy and the institute of the local referendum in particular. The body of the thesis is made up of nine chapters. In the first chapter Introduction I clarify what led me to focus on the respective issues. The second chapter Idea of Direct Democracy tackles the origins and the essence of direct democracy, its potential to be used in the modern world and also briefly describes those institutes of direct democracy that are used in the Czech and Slovenian practice. The third chapter Referendum in general classifies individual types of referendums. In the fourth chapter Local referendum in the Czech Republic, we can find an exhaustive description of the Czech legal regulation of the local referendum, analysis of the data...

The Canadian child welfare system has increasingly found itself under attack for its treatment of First Nations children. The charge is made that it imposes a colonial regime on First Nations families which negates the importance of their cultural identity, and devalues their cultural practices and traditions. Self-government is consistently advanced as the only appropriate response. The question this thesis addresses is whether too much faith is placed in self-government, without sufficient protections for children in the communities. The issue of First Nations child welfare is placed within the wider debates over the need for decolonisation in Canada. It is a premise of this thesis that First Nations hold an inherent right to self-government which demands respect for their sovereign authority in core areas such as child welfare. However, self-government is not a panacea for First Nations communities. The legacy of colonialism continues to manifest itself in the socioeconomic problems prevalent on many reserves/These problems pose a direct challenge to self-governing child welfare agencies and to the safety of the children in their care. This raises the dilemma of how to ensure the fundamental rights of First Nations children are effectively protected, whilst also respecting the 'sovereign' jurisdiction of First Nations communities. The attempts of non-native society to impose controls on First Nations governments, principally through the imposition of the Canadian Charter, are rejected on the basis they continue to perpetuate a colonial philosophy. However, adopting a theory of 'rejuvenated universalism,' and on the basis of a dialogue with three native controlled child welfare agencies in British Columbia, it is argued that agreement on fundamental standards of child welfare could be forged across native and non-native cultures. It is suggested these standards should be guaranteed in a Children's Charter binding all governments in Canada. A Children's Charter which has been developed through fully inclusive cross-cultural dialogue, and which consequently reflects the values of all the various cultures, would provide an essential mechanism for the external evaluation and review of child welfare agencies in Canada, whether native or non-native, according to their own freely accepted values and principles. / Law, Peter A. Allard School of / Graduate

Separate power of communities and regions and supervision Abstract The diploma tries to find the basis of territorial self-government, criteria differentiating territorial self-government and the state and state administration, identify the content of self-government, fulfilment of separate power, supervision and control of separate power, obligation to fulfil of self-government and point out some problematic issues of self-government, relations of self-government and the state and territorial self-government units to each other. The first part of the thesis focuses on the basis and constitutional foundations of territorial self-government, including reflection on the question of whether territorial self- government is an essential part of a democratic rule of law and whether it is an expression of decentralization of public authority. It also deals with the holders and executors of territorial self-government in individual territorial self-governing units. It focuses on the distributions of power between the executors of territorial separate power in individual territorial self-governing units. In the case of municipalities, it also deals with the issue of the status of towns and cities and the status of chartered towns together with the issue of their territorial subdivide and the legal status of its...

55 Abstract This diploma thesis gives an insight into the system of control and supervision procedures applied to local self-governments. The aim of this work is to evaluate possible problematic aspects of established supervisory procedures applied to budgetary management and to assess whether it is needed to extend the Supreme Audit Office's competence by enable it to control the budgetary management of local self-governing units with their own assets. The introductory chapter briefly summarizes the issue of budgetary management of local governments, while a more detailed interpretation is devoted to the duty of the local self-goverments to comply with the rules of budgetary responsibility, which was brought by Act No. 23/2017 Coll., On rules of budgetary responsibility, as amended. The following chapters are devoted to the various supervisory procedures and their systematics. First of all, Act No. 321/2001 Coll., On financial control in public administration, as amended, is provided, which provides a legal framework for public control and imposes internal obligations on territorial units in connection with the conduct of monetary operations. The next section describes the performance of the management review, which is carried out under Act No. 420/2004 Coll., On the review of local self-governing units,...

京都大学 / 0048 / 新制・課程博士 / 博士(地球環境学) / 甲第20537号 / 地環博第158号 / 新制||地環||32(附属図書館) / 京都大学大学院地球環境学舎地球環境学専攻 / (主査)教授 渡邉 紹裕, 教授 宇佐美 誠, 准教授 SINGER JANE / 学位規則第4条第1項該当 / Doctor of Global Environmental Studies / Kyoto University / DFAM

Supervision in notarial self-government Abstract The diploma thesis deals with the topic of supervision in notary self-government. The aim of this work is to develop a comprehensive overview of supervision, its types and course in the notarial state. This overview also includes the sanction phase of supervision, in which corrective measures for identified errors are examined. In addition, the work aims to examine the functionality of the current form of supervision, draw attention to its shortcomings and outline possible solutions. All this on the basis of available literature, professional articles, legal regulations and especially the case law of higher courts. This work is divided into six chapters, which logically follow each other. The introductory chapter, which deals with the institute of self-government, is focused mainly on the self-government of professional, public corporations and professional chambers for a better anchoring of the institute of supervision in notarial self-government. The second chapter deals with the notary self-government, its internal division, methods of management and functioning. The development of the notarial state is briefly described here. This chapter serves to understand the hierarchy within this self-government, which is necessary for the examination of notarial...

The thesis explores the effect of fiscal decentralization on local governments budgeting and fiscal autonomy in selected transition countries of Central and Eastern Europe. The implications of legislative changes on local budgets and revenue authority are analyzed. Discrepancies between legal provisions and actual fiscal practices are identified on the basis of case studies of four countries: Bulgaria, Georgia, Hungary, and Lithuania. The study explores some specific approaches to dealing with local finances based on the respective countries' fiscal legislation. An attempt is made to evaluate local revenue authority based on both comparable statistical data and legal provisions of the selected countries. Following a comparative conceptual framework, the thesis reveals both unique and common patterns of budget policy and local revenue raising authority in each of the four countries. The results of the inquiry indicate that despite the greater fiscal authority and independence which local authorities gained during the transition, local governments in many CEE countries continue to operate within old centralized fiscal structures and budget policies. The right balance between the need for decentralization of governance and the ability and desire of local authorities to control and steer the local revenue policies is still to be found. / Master of Urban and Regional Planning

L’objet de cette étude est d’identifier une constitution « britannique » distincte de la constitution anglaise. Si le langage commun tend trop souvent à confondre une partie pour le tout, l’Angleterre pour le Royaume-Uni, cet écueil n’épargne pas les juristes. La notion de constitution britannique vise précisément à rendre compte de la manière dont le droit constitutionnel a pu appréhender et saisir la tension fondamentale qui l’anime entre deux exigences en apparence contraires, l’unité et la diversité. Depuis les lois de dévolution adoptées à la fin du XXe siècle, l’Ecosse, le Pays de Galles et l’Irlande du Nord disposent d’institutions de gouvernement autonomes, soumises théoriquement à la souveraineté du Parlement de Westminster. Le corps de lois, règles et principes qui régissent cet arrangement institutionnel permettent d’identifier un cadre constitutionnel spécifiquement britannique. Mais celui-ci n’est pas pour autant né à la fin du XXe siècle. Il nous semble en effet que cette constitution britannique trouve ses sources et son origine dans les relations qui ont pu s’établir entre le Royaume-Uni et certaines de ses colonies dotées d’un statut particulier et d’un gouvernement autonome, les Dominions. C’est dans ce cadre historique et intellectuel qu’a pu apparaître une manière spécifiquement britannique d’organiser cette tension entre l’unité et la diversité. Celle-ci puise d’ailleurs dans les ressources propres du constitutionnalisme britannique, qui résulte d’un entrelacement ingénieux de règles et principes juridiques et de pratiques institutionnalisées, les conventions de la constitution. Cette rencontre entre le droit et les conventions dessine un droit constitutionnel original et peut-être fédéral. / This study aims at identifying a « British » constitution distinct from the English constitution. If popular language tends to confuse one part with the whole, England with the United Kingdom, so do jurists. The concept of a British constitution aims at capturing the way in which constitutional law may have grasped the fundamental tension between two seemingly antagonist ideas, unity and diversity. Since the devolution Acts have been enacted in the end of the XXth century, Scotland, Wales and Northern Ireland enjoy responsible government, under the asserted sovereignty of the Parliament of Westminster. The body of statutes, rules and principles that govern this institutional arrangement thus form a specifically British constitutional framework. But this framework was not necessarily born in the end of the XXth century. We intend to show that this British constitution can be traced back to the constitutional relations established between the United Kingdom and some of her colonies, the Dominions. It is within this historical and intellectual framework that may have appeared a specifically British way of dealing with this tension between unity and diversity. It seems to have resorted to the resources of British constitutionalism, which is produced by the ingenious imbrication of legal rules and principles and of institutionalized practices, i.e. the conventions of the Constitution. This confluence of law and conventions sketches a constitutional law that is both original and possibly federal.

Název disertační práce, abstrakt a klíčová slova v anglickém jazyce Title: State Supervision of Public Self-government Abstract: The thesis deals with the state supervision of public corporations in the performance of public administration. Public-law corporations include territorial self-governing units, professional and business chambers, and public higher education institutions. They are public entities different from the state. In order to ensure the legality of the public administration entrusted to them, they are subject to state supervision. This supervision is part of the control activities in public administration and falls within the remit of administrative control. In the remedial phase, it usually follows a judicial review consisting of a review of the lawfulness of abstract and concrete acts issued by the bodies of self-government. Two introductory chapters are devoted to the theoretical basis of state supervision over self government. The first deals with the status of self-government in the structure of public power and public administration, the legal nature of self-government, and the relationship between self- government and the state. In the second, the author deals with the legal nature of control activities in public administration, their system, the stages of control and the legal...