Publication details
Zastupování státu navenek a uznávání jiných států v Čechách, na Moravě a ve Slezsku
| Title in English | A Representation of State and a Recognition of State and Government by the Bohemia, Moravia and Silesia |
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| Authors | |
| Year of publication | 2012 |
| Type | Article in Proceedings |
| Conference | Právo národov na sebaurčenie v kontexte moderného medzinárodného práva |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | President; recognition of state |
| Attached files | |
| Description | The text concerns with the rights of the head of state in a field of representing the state outwardly, with the exception of negotiation and ratification of international agreements. The text works on the presumptiont that the Constitution provides the president with rights in this field. But the Constitution does not give the same rights to anyone else, that is why position of the president is very special. These authorities are counter-signed by the prime minister, but they cannot be usurped exclusively neither by prime minister nor by government against the will of president. The text concerns especially with declaration of war, which is not regulated by the Constitution, and the text considers this act as the right of the president. In fact, declaration of war by the Parlament is the act of internal law, which is the precondition for subsequent declaration of war by president. The text concerns also with recognition of state, it considers the contemporary practice of recognition of new states by government as unconstitutional encroachment on the rights of president. The last part concerning receiving and appointing of the envoys criticizes contemporary constitutional text on the base of historical comparison. |