Vztah mezinárodního a vnitrostátního práva v ústavních systémech: srovnání pojetí této otázky v judikatuře francouzského a českého orgánu kontroly ústavnosti

Diploma thesis "The relation of international and constitutional law in constitutional systems. Comparison of conception of this question into case law of French and Czech authorities of review of constitutionality" aims to answer the questions of relation between international and constit...

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Bibliographic Details
Main Author: Preuss, Ondřej
Other Authors: Jirásková, Věra
Format: Dissertation
Language:Czech
Published: 2010
Online Access:http://www.nusl.cz/ntk/nusl-280435
Description
Summary:Diploma thesis "The relation of international and constitutional law in constitutional systems. Comparison of conception of this question into case law of French and Czech authorities of review of constitutionality" aims to answer the questions of relation between international and constitutional law and of resolution of this question presented by observed institutions. The paper is divided into four parts. Chapter One is introductory and defines basic terminology used in the thesis, it deals with several key definitions (such as international law, constitutional law, judicial review). In the second part are presented the authorities of control of constitutionality of the observed states. The third part is then subjected to analysis and criticism of the system of control of international commitments itself. The fourth part is based on the pasts and tries to answer the question in the abstract level. The main aim of the thesis is to prove theory, that relation between international and constitutional law is pragmatic and in fact is always based on the constitution (even unwritten) of the particular state. This paper also discovers mistakes of Czech regulation (scope of review, possible omission of group of deputies etc.) and proposes inspiration by French less formal regulation and practice.