Název diplomové práce, abstrakt a klíčová slova v anglickém jazyce Title Constitutional Regulation of the State of Exception in a Rechtsstaat Abstract This treatise focuses on extraordinary reactive legal instruments designed for crises resolution, which include in particular the state of exception and also the right to resistance. The latter differs from the former in that it cannot be invoked by public authorities under a Rechtsstaat, but only by citizens who are subject to their authority. The aim of this treatise is to thoroughly examine the concepts of the state of exception and the right to resistance and their relation and to answer the question of whether the corresponding institutions should be regulated in positive law or otherwise recognized under a Rechtsstaat. In the chapter on the state of exception, I inquire into the concepts of crisis and state of exception, present various typologies of this institution, outline controversies, confusions and problems associated with it, present possible responses of public authorities to exceptional harmful situations and assess their advantages and drawbacks. Following the conclusion that the state of exception ought to be regulated in positive law, I ask the question of how it should be codified and propose a two-level regulation, which combines...

Author: Bc. Adéla Poluhová Title: Analysis of distance learning during the state of emergency at selected lower-secondary school Objectiv: The aim of the diploma thesis is to analyze the implementation of distance learning during the state of emergency at the selected lower- secondary school and finding differences in using applications during full time teaching and during the state of emergency. Methods: There search part uses a qualitative method an analysis, which describes the implementation of distance learning at the lower - secondary school during the emergency measure and quantitative method the results of a questionnaire surfy conducted among teachers. Results: The reset of the diploma thesis is a summary of the distance education developementat a lower-secondary school and thee valuation of a questionnaire survey. This survey is proces send to tables and graphs, which are described, evaluated and compared. Keywords: distance learning, state of emergency, emergency measures, on-line communication tools

The aim of this thesis is to summarise the legal framework of states of crisis in legal order of the Czech Republic, to point at the main shortages and provide possible solutions. The thesis is divided into five chapters. The first chapter firstly takes a closer look at the general conception of states of crisis defined by legal theory. Then follows the topic of states of crisis and their functioning in ancient Rome, England till the 19th century and in France and Germany during the last 150 years. The second chapter is focused on the types of states of crisis which were known in the previous Czech legal orders. Attention is mainly paid to the state of war and declaration of war. The next part deals with the other historical states of crisis, such as those which arose originally from Austrian Emergency Measures Act, till the legislative proposals antecedent to current Security of the Czech Republic Act. The third chapter is firstly defining current legal terms and analysing states of crisis which are regulated in the Czech legal order. The text starts with the state of danger and then proceeds to the state of emergency, state of threat to the state and to the state of war. The subchapters expound who and under which circumstances, is entitled to declare each single state. The position of selected...

The main task of the Integrated Rescue System is to ensure the safety of people and reduce the impact of extraordinary incidents on people, property and the environment of the Czech Republic. In the event that the incident exceeds its range of capabilities and the effectiveness of the main elements of the Integrated Rescue System, which is the Fire Brigade, Police of the Czech Republic and the Emergency Medical Service and is in accordance with current legislation and the central alarm plan, the Czech Army can also be involved. It is possible to say that in the instance where an extraordinary incident may arise, if necessary, the Army of the Czech Republic and its earmarked forces can provide the necessary support to the main elements of the Integrated Rescue System. Therefore it follows that by including the Army of the Czech Republic amongst all other elements, it ensures that the Army of Czech Republic participates in the operations of the Integrated Rescue System but only at the time when it is of a greater extent and only in the event, where the extent or period of duration of the extraordinary incident lead to a declaration of a third or emergency level of alarm. For example, in the strengthening of the Integrated Rescue System in rescue work during natural disasters of a greater magnitude. It participates in these cases, especially in saving human life, in the evacuation of people from affected areas and also on the initial liquidation of consequences in cases where it is necessary. The research group in statistical inquiries of this work is therefore made up of members from the active reserves of the Army of the Czech Republic. I gathered basic data from report spreadsheets to a senior level regarding fulfilment and staffing levels of table positions in the structure of active reserves, according to their individual locations. Another source was the electronic database of the Information System for planning the mobilization of the Army of the Czech Republic, within the framework of the functionality of its subtasks; it is possible from RESOURCES (filter setting data) to obtain data on the distribution of members of the active reserves according to individual military and individual functions. From the perspective of correlation regression, this division is important, given that within the statistical part of the work the research files are also divided according to functions, which, if realized by the members of the active reserves were for the Integrated Rescue System beneficial and applicable. The hypothesis of the statistical research of this study is: "The number of Czech citizens in the mandatory reserve Army of the Czech Republic available for deployment within ACR in a state of emergency is inadequate ". This hypothesis under investigation emerged from my professional curiosity and also from the many discussions and polemics discussed with my professional colleagues and friends from the general public and with members from the ranks of active reservists. The purpose of the above-defined hypothesis was to verify whether there is a sufficient number of citizens in the mandatory reserve Army of the Czech Republic, who would be available for deployment in the Army of the Czech Republic during the announcement of the state of a non-military crisis. Due to current legislation and in particular the postulate on which it is based, namely that active service in the Armed Forces of the Czech Republic in peacetime is purely voluntary, from whereby citizens of the so-called mandatory reserve are deployable and from which only those citizens who voluntarily undertook conscription, therefore, become members of Active backups. Research hypothesis, indicates that the number of selected - active reservists is insufficient, given that the overall capacity over the long term is moving on average around 50% of the total planned numbers and was provided by the simple knowledge of the issue.

Fundação de Amparo à Pesquisa do Estado do Rio de Janeiro / O romance Ensaio sobre a cegueira, do escritor português José Saramago, publicado em 1995, revela profundas críticas à estrutura da sociedade hodierna, bem como sua política. Em vistas desse fato, a presente dissertação investiga as relações políticas e filosóficas presentes no romance, estabelecendo como arcabouço teórico as pesquisas do filósofi italiano Giorgio Agamben sobre o estado de exceção na série de volumes Homo Sacer, que segue a trilha deixada por Michel Foucault sobre os dispositivos de poder e saber na sociedade contemporânea. A pesquisa ora apresentada revela uma leitura do estado de exceção enquanto uma estrutura de exclusão da vida nuaatravés de uma via biopolítica que encontra no romance do escritor português um intenso questionamento sobre o homem moderno descolado de si mesmo / The presente study of the literary work of José Saramago, a portuguese writer, reveals a profound criticism to the structure of power in modern society, as well as, its politics. The hereby presented reading of the novel Ensaio sobre a cegueira, which was published in 1995, intends to perform an interpretative approach based on the studies of the Italian philosopher Giorgio Agamben Reading of the state of emergency. His work follows the studies of the French philosopher Michel Foucault regarding the power devices used by society to create a specific sort of life which is designed according to political purposes. The main thesis over which the presente work is constructed reveals that the bare life can be excluded when na emergency state is declared, and as a resoult, life can be killed

Fundação de Amparo à Pesquisa do Estado do Rio de Janeiro / O romance Ensaio sobre a cegueira, do escritor português José Saramago, publicado em 1995, revela profundas críticas à estrutura da sociedade hodierna, bem como sua política. Em vistas desse fato, a presente dissertação investiga as relações políticas e filosóficas presentes no romance, estabelecendo como arcabouço teórico as pesquisas do filósofi italiano Giorgio Agamben sobre o estado de exceção na série de volumes Homo Sacer, que segue a trilha deixada por Michel Foucault sobre os dispositivos de poder e saber na sociedade contemporânea. A pesquisa ora apresentada revela uma leitura do estado de exceção enquanto uma estrutura de exclusão da vida nuaatravés de uma via biopolítica que encontra no romance do escritor português um intenso questionamento sobre o homem moderno descolado de si mesmo / The presente study of the literary work of José Saramago, a portuguese writer, reveals a profound criticism to the structure of power in modern society, as well as, its politics. The hereby presented reading of the novel Ensaio sobre a cegueira, which was published in 1995, intends to perform an interpretative approach based on the studies of the Italian philosopher Giorgio Agamben Reading of the state of emergency. His work follows the studies of the French philosopher Michel Foucault regarding the power devices used by society to create a specific sort of life which is designed according to political purposes. The main thesis over which the presente work is constructed reveals that the bare life can be excluded when na emergency state is declared, and as a resoult, life can be killed

The electric power is one of the key products without which functioning of our society would be hard to imagine. The electricity distribution network is an interconnected system comprising of a manufacturing part producing electricity from various sources, a transmission system of conductors and equipment, distribution systems of high and low voltage, and of technical control stations suitably distributed to control the whole network. Energy security means ensuring continuity of necessary supplies of energy and energy services to accommodate the protected interests of the state. A long-term electric power failure may have serious consequences for the state security, for providing for basic subsistence needs of the population, individual?s health or the state economy. For their maintenance under ordinary as well as emergency conditions it is particularly necessary to ensure functioning of critical infrastructure. The aim of this thesis is to examine the level of preparedness of the subjects within the critical infrastructure for a long-term interruption of electric power supplies and to create a draft of an emergency preparedness plan of a subject within the critical infrastructure focused on a long-term electric power failure. The research part of the thesis has two parts. The first part includes processing and analysis of the data acquired though a questionnaire survey. The second one presents a draft of the emergency preparedness plan of a subject within the critical infrastructure. The results of the questionnaire survey showed a good readiness of the critical infrastructure for a long-term, extensive electric power failure, which confirms the set hypothesis. The thesis introduces the public, particularly the subjects of the critical infrastructure, to the possibilities of occurrence of long-term, extensive electric power failures, with available prevention of such emergency situations and their preparation, planning and solving. The presented emergency plan draft should help with preparation of an emergency readiness plan of a subject within the critical infrastructure, including outlining the ways to solve emergency situations that may arise in relation with a power failure, and thus to improve protection of the critical infrastructure elements.

This thesis discusses the issue of securing safety of the state with emphasis on the institute of so called states of crisis in the constitutional law of the Czech Republic. The first part deals with states of crisis in general, outlines the basic theory of states of crisis as institutes of law, historical and international context of regulation, as well as on a generally security oriented context. The second section is dedicated to individual states of crisis, namely the state of danger, state of emergency, state of threat to the state and state of war. The thesis contain the basic description of the state of emergency, its sources of law, the method of its declaration all of the states of crises and discusses institutes common for all, or most of the individual states of crisis. Last section of this thesis focuses on further methods of safety ensuring, in particular with connotation to Article 43 of the Constitution of the Czech Republic. For example the regulation of the dispatch of armed forces beyond the territory of the Czech Republic and the residence of foreign armed forces in the territory of the Czech Republic or the regulation of crossing and flying across the territory of the Czech Republic. The conclusion indicates that the current legislation regulating states of crisis is not...

"Astoundingly, the African Charter on Human and Peoples' Rights (ACHPR) does not contain [a] derogation clause. Furthermore, it has been established by the African Commission on Human and Peoples' Rights (the Commission) in the case of Commission Nationale des Droits de l'Homme et des Libertes v Chad (Commission Nationale case) that a member state of teh ACHPR cannot derogate human rights in case of emergencies. Hence, the Commission's view may lead to a conclusion that all rights under the ACHPR are non-derogable. This raises the issue of whether it is tenable to conclude that a state facing a situation that endangers the nation, should not at all derogate from the provisions of the ACHPR. Emergency clauses, which permit derogation of human rights in times of emergencies, are also found in most domestic legal instruments. Most African states also encompass this clause in their constitutions. Although the levels of compliance by states are questionable, some of these constitutions also include a list of non-derogable rights. The constitutions of Ethiopia and Mozambique also provide for a derogation clause and a list of non-derogable rights. The aim of the study is to make a critical analysis of the African derogation system. Firstly, the study will analyse the concept of derogation and non-derogable rights in general. Secondly, the jurisprudence and the law of the African system with regard to derogation and non-derogable rights will be examined. In analysing the jurisprudence of the Commission effort will be made to critically study the cases that have been examined by the Commission in relation to derogation and non-derogable rights. Lastly, the compatibility of the Ethiopian and Mozambique constitutions in light of the African system and international standards will be discussed. ... Chapter one highlights the basis and structure of the entire study. Chapter two presents a brief historical evolution as well as conceptual framework of the system of derogation and non-derogable human rights in state of emergency. Chapter three focuses on the ACHPR and the jurisprudence of the Commission with regard to derogation and non-derogable rights in state of emergency. Chapter four assesses the compatibility of the non-derogable rights provided in the constitutions of African states with African and international standards. This chapter will [analyse], in particular, the constitutions and the practices of Ethiopia and Mozambique. Chapter five is a conclusion of the overall study stating specific recommendations." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Mr. Leopoldo Amaral, Faculty of Law, Universidade Eduardo Mondlane, Maputo, Mozambique / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

Der Beitrag untersucht die Filme WarGames (USA 1983), Krieg und Frieden (BRD 1982) und Der Dritte Weltkrieg (BRD 1998) als Dokumente aus der letzten Phase des Kalten Krieges. Die Filme behandeln Ausnahmesituationen, in denen jeweils die Grenzen souveräner Entscheidung in einer lebensbedrohlichen Krise verhandelt werden. Sie entwerfen eine mögliche Zukunft ebenso wie einen kontrafaktischen Verlauf der Geschichte. Ihre Dynamik beziehen die zwar fiktionalen, aber denkbaren Erzählungen aus der Spieltheorie, aus Simulationen und aus der Kraft der historischen Imagination.