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Changes in canon law after the Second Vatican Council
Surmánek, Miroslav ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
Resumé In my thesis, I tried to focus on the most important aspects of the changes in the Canon law of the Catholic Church after the II Vatican Council. From the very beginning I tried to understand the historical background of the Catholic Church, foundations on which Legal system began to be build. The Canon law of the Catholic Church has changed many times in the history. I tried to follow those changes across the centuries to the beginning of 20th Century when the Canon law was codified. Pope Pius X ordered that work begin on reducing diverse documents into single code, presenting the normative portion in the form of systematic short canons shorn of the preliminary considerations and omitting those parts that had been superseded by later developments. The Code was promulgated in 1917 as Code of Canon law, by his successor, Pope Benedict XV. For the most part, it applied only to the Latin Church except when "it treats of things that, by their nature, apply to the Oriental". Wide reception of normative of Canon law was considered as a "masterpiece of legal work". Social, political and economical changes during 20th Century have had it's consequences also in the field of the Canon law. Some parts of the 1917 Code became obsolete under the new circumstances. In 1959, Pope John XXIII announced together with...
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Legal status of diocesan vicariate and parish councils in Roman-Catholic dioceses in Czech Lands
Nejdl, Oldřich ; Horák, Záboj (advisor) ; Tretera, Jiří Rajmund (referee)
A superior in the Catholic Church at times needs the consent or counsel of certain consultative body in order to place a juridic act validly. Legal status of such colleges or groups of persons is regulated by the Code of Canon Law (CIC/1983) and by the statutes approved by the diocesan bishops. This thesis inquires into legal status of the consultative bodies in Roman Catholic diocesis, vicariates and parishes in Czech Lands. Within the diocese the presbyteral council, the college of consultors and the diocesan finance council are required, establishment of the diocesan pastoral council is optional. Mission of the presbyteral council is to assist the diocesan bishop in the governance of the diocese to promote as much as possible the pastoral good of the portion of the people of God entrusted to him. The diocesan bishop is to hear it in affairs of greater importance. Consultation of the presbyteral council is compulsory for example in case of establishment, or supression of parishes, decision to build new church or relegation of a church to profane use. The diocesan bishop needs the consent of the college of consultors especially to place acts of extraordinary administration or to alienate some goods. If the see is impeded, the college is to elect a diocesan administrator. The diocesan finance...
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The US Supreme Court, its, formation and first key decisions
Červinková, Zuzana ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
These days, the Supreme Court of the United States represents a very important and irreplaceable role in its home land: protection of constitutionality, explanation of federal laws, as well as appellate court of last resort within the framework of American courts. Today there is no doubt about its jurisdiction, but there were doubts. In the beginning of its existence no one was sure if the Court could overcome the initial obstacles which were in the way. This diploma thesis deals with the initial existence of the Supreme Court of the United States, its role within the framework of the US federal power system, and its progressive integration as equal with the legislative branch and executive power - The United States Congress and the President, respectively. The main objective of this thesis is to introduce the federal judiciary of the United States, show its differences from the continental system, and accentuate the importance of precedents. First, I focus on the history of the United States; colonization by British citizens, the American War for Independence, The Declaration of Independence, and the formation of American statehood in the 1780s, which resulted in the acceptance of one of the longest- lasting written constitutions in the world. After the historical excurse, the thesis focuses on...
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Polyethylene wear particles around joint replacements - their properties, distribution and possible mechanism of their adverse biological effects
Zolotarevová, Eva ; Gallo, Jiří (advisor) ; Rauch, Pavel (referee) ; Horák, Zdeněk (referee)
CHARLES UNIVERSITY IN PRAGUE FACULTY OF SCIENCE DEPARTMENT OF BIOCHEMISTRY PRAGUE 2010 Supervisor: Doc. MUDr. Jiří Gallo, PhD. Supervisor-consultant: Prof. RNDr. Gustav Entlicher, CSc. Eva Zolotarevová Summary of PhD Thesis POLYETHYLENE WEAR PARTICLES AROUND TOTAL JOINT REPLACEMENTS - THEIR PROPERTIES, DISTRIBUTION AND POSSIBLE MECHANISM OF THEIR ADVERSE BIOLOGICAL EFFECTS PRAGUE 2010 The research project was supported by the Grant project of National research program II. (no. 2B06096) of the Czech Ministry of Education, Youth and Sports named "Observation and minimization of UHMWPE wear in joint replacements". Front-page picture: Polyethylene wear particle isolated from granuloma tissue surrounding total hip replacement; Electron microscope microphotograph; particle size app. 90 x 80 µm; retouched Eva Zolotarevová Introduction Introduction For many people all over the world a replacement with an implant of irreversibly damaged joint is often the only way how to come back to normal life without pain and mobility limitation. Nowadays, greater and greater requirements are asked of quality of all replacement components, especially in terms of quality of used materials. Biomechanical properties of hip and knee replacements have been already solved. The most often used materials for manufacturing joint...
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The Concept of Marriage Conclusion In the Canon Law Code
Mikulášová, Martina ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
59 THE FORM OF ENTERING INTO MARRIAGE ACCORDING TO THE CODE OF CANON LAW Summary I consider family as one of the most important pillars and foundations of society. A healthy society should be based on family and marriage which is a unique bond between a man and a woman. One way of achieving and enhancing the status of marriage and family in the society is a deeper study of provisions governing marriage. Therefore I take this opportunity to address the institute of marriage viewed upon in terms of Canon law. Canon law could be considered as a part of the European legal culture. Its knowledge is therefore certainly important not only for theologians, but also for lawyers. The conclusion of a marriage in front of the church is also deemed valid and is fully recognized by laws of the Czech Republic. The canonical form is one of the requirements affecting the validity of marriage. Therefore, I find it necessary to give it enough attention. My thesis is divided into four chapters. In the first chapter, I tried to provide the readers with a simple definition of the canonical form of marriage, its historical evolution, and some differences considering the Eastern churches. An enclosed section deals with the current legislation, namely treatment of the issue of canonical form by the Code of Canon Law 1983 and the...
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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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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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Funding of churches in the Czech lands in 20th century
Jaroš, Ján ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
Financing of Churches in the Czech Lands in the 20th Century The main aim and purpose of this master degree thesis was to introduce individual institutes of the Church financing in the 20th century. Even nowadays, the funding issue is still an opened topic. The purpose of the historical hindsight is to approximate and put aside false hypothesis of Church financing. The prevailing views of the people on the church property and on the "justification" of states occupation of this property, during the last century, were based on rather "philosophical ideas" than on actual legal basis. The master degree thesis not only maps the 20th century, but also pays due attention to the developments of the late 19th century, which established grounds for certain financing institutes and prefigured further evolvement in the upcoming century. However, some institutes of church financing, such as religious fund, were established in the 18th century. The period of enlightened absolutism, the period of the reign of Joseph II, who brings his mothers reforms to the edge of that time, sells property (e.g. monasteries, religious buildings, etc.) and the obtained income deposits to newly created parish cash desk, which will serve to support the Catholic Church. Indeed, the income from the religious funds became one of the main and...
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