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I. Civil and political rights
1. liberty (volnost)
2. equality (rovnost)
3. fraternity (bratrství)
being free
being treated the same way
being brotherly
2 conceptions of civil and political rights:
HUMAN RIGHTS (French Revolution)
civil and political rights = liberty
o voting, ownership, speech, religion
economil and social rights = equality
o education, housing, employment
„green“ rights (collective) = fraternity
o concern the environment issues
Human rights (universal) as OPPOSE TO CIVIL AND POLITICAL RIGHTS (apply only to citizens
in individual countries)
civil: freedom thought and concience (svoboda myšlení a svědomí)
political: right for trial... (právo na spravedlivý soudní proces)
Constitution
definition
o basic legal framework and a set of fundamental principles under which the state is
organized
usually includes
o Bill of Rights (USA)
in CR The Charter of Basic Rights and Freedoms
in Britain
o no Bill of Rights but principles, court rulings (soudní rozhodnutí - ne decision!), statutes,
international treaties
Separation of powers (System of checks and balances)
why? so no branch misused the power
Montesquieu
judicial power = judiciary
o Supreme Court
legislative power = legislature
executive power = executive
Bill / Charter of Rights - a declaration of individual rights and freedoms, usually issued by a national
government. A list of fundamental rights included in each state constitution
constitutionality - accordance with the provisions or principles of a fundamental law of a country
justice - a judge on the highest court of a government, such as a judge on the US Supreme Court
referendum - the right reserved to the people to approve or reject an act of the legislature, or the right of
the people to approve or reject legislation that has been referred to them by the legislature
Supreme Court - the highest court in its jurisdiction deciding the most important issues of constitutional
and statutory law and is intended to provide legal clarity and consistency for the lower appellate and trial
courts
system of checks and balances - limits imposed on all branches of a government by vesting in each branch
the right to amend or void those acts of another that fall within its purview
veto - the refusal of an executive officer to assent to a bill that has been created and approved by the
legislature, thereby depriving the bill of any legally binding effect