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The First Amendment to the US Constitution and the development of its interpretation
Haberle, Ondřej ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
in English The First Amendment to the United States Constitution and the development of its interpretation The aim of the paper is to analyze the First Amendment to the United States Constitution. The main reason for my research is my long-term personal interests in the fields of law which are covered by the First Amendment. The thesis is composed of an introduction, six chapters and a conclusion. The study begins with the introduction where it is discussed methodology, my motives for choosing this topic, importance of the topic and potential contribution of this thesis to the Czech legal science. Chapter One examines historical roots of the First Amendment's rights and freedoms. It focuses on their development both in the England and in its American colonies. It tries to find main tendencies contributing to reasons for adopting rights and freedoms embodied in the First Amendment. Chapter Two concentrates on the main political and legal events involving adopting the First Amendment, and then it attempts to find a proper interpretation of the First Amendment using both historical and teleological approach. The second chapter also discusses the scope of the First Amendment. The chapter ends with the examination how external factors (such as legal philosophy or politics) influenced the decision making...
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Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial
Kohout, David ; Seltenreich, Radim (advisor) ; Vojáček, Ladislav (referee) ; Horák, Záboj (referee)
in English Dissertation Thesis David Kohout: Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial This Dissertation on the topic of "Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial" seeks to analyze the main approaches to the prosecution and punishment of the Nazi crimes. It was chosen to use the trial of Adolf Eichmann in Jerusalem in years 1961 - 1962 as a connecting thread of this whole work. It was so not only due to the individual remarkableness of the trial but also due to the fact that it was in many ways a very illustrative for the previous legal development until that time. Additionally, many commentators of this trial attribute it a great impact on the renewal of the interest in the prosecution of former Nazis who were implicated in perpetration of crimes committed until 1945 and who remained at large after the end of war. Therefore this Thesis goes beyond the Eichmann trial and focuses on its broader context in material but also personal sense (in the text it often referred to cases of prosecution of close collaborators of Adolf Eichmann). In the opening chapters this Dissertation, however, starts with events that go far back in time before the Adolf Eichmann trial. This is for the...
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Development of the state system of the Byzantine Empire
Mařík, Petr ; Tretera, Jiří Rajmund (advisor) ; Seltenreich, Radim (referee)
100 Resumé: This diploma paper discuss about development of the state system of the Byzantine Empire in context with many changes of the form and extension of its territory. Primary are analysed relations between basic powers of the state and changes of their positions. Basic powers are means emperor, army and Church. Secondary senate, demoi and civil and military aristocracy. First chapter talk about territory evolution and about changes of the foreign and political relations of the empire. It primary serves like a illustartion of compilcated standing of the empire and also many important chnages of the territory and its ethnical structure of the state. These circumstances constituted a big problem for state administration. Second chapter attend to development of the state administration with special intent on the "theme system". Especially on its origins and downfall. Author also try to find context between decline and fall of the empire and administration of the state. In the third chapter is analysed successional system of byzantine emperors, especially its negative aspects. Important is influence of this institute on the administration of the state, chiefly on stability and centralization or more precisely decentralization of the empire. Fourth chapter closer treat about origins, development and...
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Racist legislation of Nazi Germany
Řezníček, Adam ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
- Racial laws of Nazi Germany The aim of this thesis was to provide an overview of racial laws which were in force during the reign of the national socialist regime in the Nazi Germany during the years 1933 - 1945. The first chapter aims to describe the philosophical and historical background of the racial laws of the Third Reich. The roots of the racial philosophy and scientific racism which can be traced back to the 19th century are described (teaching of Gobineau and Chamberlain), as is the actual philosophical approach to the questions of inequality of races as held by Adolf Hitler and his supporters (programme of NSDAP from 1920 and the writings of the leading Nazi ideologist Alfred Rosenberg). The following chapter focuses on the historical background which made the ascent to power by Nazis possible, which includes the overview of political and social situation in the Germany which was defeated in the First World War. Also, the basic provisions of the Weimar Constitution are described so that the change from the liberal so called Weimer Republic to the dictatorship of the Third Reich is illustrated. Besides the general background, I have also described the actual grasping of power by Nazis through adoption of decrees which in fact was made not by a revolution, but in a way which was fully in...
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Trials of Nazi Criminals in the Occupation Zones and their Influence on Czechoslovak Retribution
Beránek, Jan ; Seltenreich, Radim (advisor) ; Šouša, Jiří (referee) ; Vojáček, Ladislav (referee)
Trials of Nazi Criminals in the Occupation Zones and their Influence on Czechoslovak Retribution - Abstract and Key Words The theme of the presented dissertation thesis is the phenomenon of the so-called Zone trials, ie the trials of Nazi criminals, which took place just after the end of the World War II in the territory of the individual occupation zones of divided Germany in the exclusive (possibly shared) jurisdiction of one of the four occupying powers (France, the Soviet Union, the United States of America and the United Kingdom). The first goal of this thesis is to analyze the trial programs implemented in each of the occupation zones and on the basis of these partial analyzes to obtain a generalized characteristics of each of the programs. The second goal is to compare each of the individual Zone trial programs. The third goal is to answer the question of whether and, if so, to what extent, the Zone programs of trials of Nazi criminals and Retribution trial programs implemented in the territory of Czechoslovakia were mutually influenced. The first chapter discusses the historical basis of trials against persons suspected of committing war crimes and other crimes under the international law, as well as the theoretical background and circumstances that led to the emergence of trial programs in the...
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The Fourteenth Amendment to the United States Constitution and the evolution of its influence as a result of judicial interpretation
Ženíšek, Jaroslav ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
The Fourteenth Amendment to the United States Constitution and the evolution of its influence as a result of judicial interpretation Abstract The thesis analyzes the Fourteenth Amendment to the United States Constitution and the changes in its understanding resulting from its interpretation by the Supreme Court of the United States throughout the years since the ratification of the Amendment. The thesis discusses every section of the Fourteenth Amendment, but the highest attention is dedicated to its most significant first section and the clauses contained in it; the citizenship clause, the privileges or immunities clause, the due process clause and the equal protection clause. The debates of the 39th Congress are discussed as well, as they offer an insight to the original understanding of the terms used in the text of the Amendment and allow to understand the context of its origin. The evolution of the Amendment's influence is then analyzed through a number of historical eras that reflect the ever-changing composition of the Court and the decisions stemming from it. The thesis tries to outline the most likely original meaning of the Amendment's clauses and compare it to their interpretation by the Supreme Court which makes it possible to observe the Amendment's gradually growing influence on american...
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Development of English law between the 7th and 10th century on the example of the oldest Anglo-Saxon codes taking into account legal development in Danelaw
Kallus, Václav ; Kuklík, Jan (advisor) ; Seltenreich, Radim (referee)
Title in English: Development of the English law between the 7th and 10th century on the example of the oldest Anglo-Saxon codes taking into account legal development in Danelaw Abstract in English This diploma thesis aims to describe the development of law in England between the 7th and 10th century, i.e. in the so-called Anglo-Saxon period of English history. During this period, especially in the 9th and 10th century, both the Anglo-Saxon kingdoms and the Scandinavian conquerors came to power alternately. At the same time, this period is characterized by the creation of Legal Codes in the individual kingdoms, by which the kings of the time regulated the most problematic legal issues. In my work, I proceeded chronologically in terms of the law of Anglo-Saxons. Firstly, I made a historical introduction to Anglo-Saxon colonization using primary and secondary sources and provided an explanation of the most important institutions that occurred with minor variations in all Anglo-Saxon kingdoms. Subsequently, I focused on individual kingdoms, in which written sources in the form of the original Legal Codes have been preserved. Based on these primary and also secondary sources, I analysed the Codes, where I dealt with the legal institutes contained in them, then I compared the codes with each other and pointed...
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Central US bodies under the constitutions between 1781 and 1787 and their competences
Jandus, Michal ; Seltenreich, Radim (advisor) ; Kuklík, Jan (referee)
Central US bodies under the constitutions between 1781 and 1787 and their competences Abstract The subject of this thesis is the central bodies of the United States of America and their competences. In the context of this work the central bodies are the President of the United States as the head of the executive branch, bicameral Congress, consisting of the House of Representatives and the Senate, as the major body of the legislative branch and the Supreme Court as the major body of the judicial branch. The aim of this work was to analyze how these bodies function and their position within the constitutional system of the United States, both horizontally and vertically. The first part of the thesis deals with the circumstances of the establishment of the United States of America, the adoption of the Declaration of Independence and the end of the American War of Independence. The second part deals with the Articles of Confederation, the first US Constitution, and the process of their creation, the bodies that were created on their basis and their competences. The third part deals with the reasons for the creation and process of adoption of the US Constitution, the problems that accompanied its creation, the legal principles on the basis of which it was created and the content of the Bill of Rights. The...
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Constitutional in England in the 17th century
Bartončíková, Renáta ; Kuklík, Jan (advisor) ; Seltenreich, Radim (referee)
Constitutional development in England in the 17th century Abstract This thesis aims at a thorough analysis of this period and its critical evaluation. It is based on the English constitutional development since the time of William the Conqueror and its summary is an integral part of it. The author considers the 17th century to be one of the most important periods that defined the modern constitutionality and state system of England. The main topic of the thesis is the already mentioned analysis, especially the relationship between the English monarchs and the English Parliament during the 17th century. The author defines the 17th century by a dispute between a monarch and a parliament based on the division of powers, which has changed rapidly over time. The emphasis is on the fact that during this time there has been a significant reduction in the sovereign's ancient rights and the transfer of many powers to parliament. The author describes the change in the powers of the king and parliament, especially in the field of fiscal, executive and justice, church affairs, foreign policy and the right to convene and dissolve parliament. She also deals with the development of parliamentary privileges, such as freedom of speech, division of power, immunity in voting on parliamentary bills, etc. The structure of the...
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