Publication details

Demokracja przedstawicielska w Republice Czeskiej na tle teorii reprezentacji

Title in English Representative demokraci in the Czech Republic on the Background of the theory of representation
Authors

FILIP Jan

Year of publication 2013
Type Chapter of a book
MU Faculty or unit

Faculty of Law

Citation
Description The author deals with the typical concepts of representation as representation in a formal, contentual, substantive sense, respectively with the representation as competence (theory of mandate). He analyzes successively those approaches to the concept of representation in the history and in the present of the Czech Republic. Special attention is paid to the decision-making of the Czech public law courts in the field of representation and mandate theory. Representative democracy is a variety of democracy typical for the Czech Republic as a state whose establishment does not favor any form of direct democracy. Another special feature of the parliamentary democracy in the Czech Republic is a very strong position of political parties. In such a way the prewar Czechoslovakia became the archetype of the deformation of classical patterns of representative democracy. According the valid Constitution of the Czech Republic is the political system is based on free and voluntary formation of and free competition between political parties respecting the basic democratic precepts and rejecting violence as a means of asserting their interests. Thus, the political parties are all the time understood to be a form of expression of the will and interests of the people. All these peculiarities the author demonstrates on the components of the theory of representative democracy as e. g. principles of representation (territorial, national, political, productive, meritorious in the history it was the special representation of the legionaries who conquered the independence on the Austro-Hungarian monarchy in the World War I), on the elements of the electoral system (proportional representation, representative mandate, distinction between notions of to be representative as opposite to the representativeness, immunity of MP’s, incompatibility, sleeping mandate etc.).
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