Militant Democracy in the Czech Republic and its Limits

The subject of this bachelor's thesis is the concept of militant democracy. The general part of the thesis presents selected theoretical approaches to the conceptualization of militant democracy. Consequently, the special part of the thesis deals with the militant democracy from the perspective of the Czech political and legal system, whereby the contextual associations and connotations arising under international law and law of the EU are taken into consideration. Furthermore, the thesis indicates the connections between the concept of militant democracy in association with the differentiation of procedural and material (substantive) conception of democracy. The thesis also presents the test of proportionality as a general juristic instrument for the scrutiny of the proportionality of fundamental human rights and liberties encroachments. The final part of the thesis presents a typology of instruments utilized within the concept of militant democracy, whereby selected instruments restricting constitutionally guaranteed fundamental rights and freedoms are examined specially in more depth; these selected instruments include restrictions on the freedom of expression, right of association and right of assembly. The right to resistance is also briefly explained. All parts of the thesis are..