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The Podgorica Assembly 1918, its causes and consequences
Zajíc, Petr ; Adamová, Karolina (advisor) ; Seltenreich, Radim (referee) ; Schelle, Karel (referee)
1 Abstract The Podgorica Assembly 1918, its causes and consequences This dissertation deals with the causes and consequences of the Podgorica Assembly (Serbian: Подгоричка скупштина / Podgorička skupština) held in late 1918. As this work is a continuation of my doctoral thesis entitled The Origins of Constitutionalism and Parliamentarianism in Montenegro in the 1918, let me briefly outline the content of my doctoral thesis as it already analyzed some of the primary causes of the Podgorica Assembly (1918). The doctoral thesis deals with the Constitution of the Principality of Montenegro in 1905, its model rules, the process of drafting and adoption of the Constitution as well as with the analysis of the particular provisions of the Constitution and its comparison with the relevant provisions of other selected European Constitutions of that time. Also the constitutional and parliamentary procedures on the establishment of the particular government and their programs, relevant political parties and their profiles, elections, political struggles and other processes relevant to the constitutionalism and parliamentarianism in Montenegrin society in the period from 1905 to 1914, respectively, from the first edition of the Constitution of Montenegro in the First World War, were discussed. This dissertation covers...
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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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Constitutional development of the Francist Spain
Hesová Vydrová, Michaela ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
The Constitutional Development of Franco's Spain The aim of this paper is the description and analysis of constitutional developments in Spain during the dictatorship of Francisco Franco (1939-1975). This paper can be divided into two basic parts. The first, which consists of chapters 1- 4, describes the chronological development, based on historical, social and economic context. Thus, it is possible to obtain an overall view of the Spanish legal system during that period. The text, however, extends beyond the timeframe of 1939-1975. Due to the necessity of explaining the context to the reader, the thesis also describes the period that preceded the establishment of the dictatorship (1902-1936). This is the reason of including a brief introduction of constitutional texts in force in Spain before the dictatorship. A separate sub- chapter describes the development during the dictatorship of Primo de Rivera, the period from which Franco derived in many ways. Building of the "New State" starts during the Civil War (1936-1939). This was when its basic features were outlined and laws displaying its character were adopted. The description of constitutional development of the Franco regime's is divided into two periods in the thesis - primer and segundo franquismo. The change in the economic policy...
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The US Supreme Court, its, formation and first key decisions
Miřejovský, Jan ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
The US Supreme Court, its formation and first key decisions The thesis offers an insight of an era in which the Supreme Court of United States was founded and established itself as one of the major government institutions as well as a strong powerhouse of American politics. Essential for understanding of the future importance and role of the Court is to perceive not only its own early history but also an understanding of broader context concerning a development of the early American society as a whole. The thesis based on this implied layout consists of three main chapters. The first attempts to grasp a vast set of conditions which served, each to a different extent, as an inspirational background influence for the Founders in the creation of an American statehood. The natural rights philosophy, a product of the Age of Enlightenment, introduced by the work of John Locke set a foundation for American political thinking. The natural rights approach gloriously manifested itself in the Declaration of Independence (1776) and from then on runs as a red thin line throughout the entire legal history of United States. The Founders in the creation of a new American order amalgamated their knowledge of past human endeavors in various state systems and social structures into a constitutional based system of...
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Legal aspects of persecuting Jewisch citizens in Nazi Germany
Fialová, Barbora ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
Resumé This thesis titled "Legal aspects of persecuting Jewisch citizens in Nazi Germany" discusses a fairly brief period in history in relation to a specific group of individuals. It provides the viewpoint of the persecution of the Jewish citizens by the Nazi State from a predominantly legal aspect, focusing on specific laws and regulations accepted in relation to the Nazis' anti-Semitic policy. The goal of this work was the endeavour to summarise this brief period of Jewish history, point out the most important legal aspects of separation of German Jews from society and prove that assumption of power by the Nazis and implementation of the anti-Semitic policy had a legal basis. This work is divided (not counting the introduction and conclusion) into six chapters, which are further divided into sub-chapters, possibly into additional parts. The first chapter is an excursion into the general concept of human races, racism and racist ideology, essential for understanding the reasoning of society at the beginning of the 20th century. The Nazis were convinced of the existence of higher and lower races and the danger of their mixing, on which they based their anti-Semitic policy, chiefly directed in the interests of maintaining "racial purity". The second chapter focuses on defining the concepts of anti-Semitism...
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Spanish Constitutional Development in the 19th Century
Mlezivová, Markéta ; Seltenreich, Radim (advisor) ; Horák, Záboj (referee)
Constitutonal development of Spain in 19th century I have chosen this topic in particular because I am interested in Spanish culture and history. I have focused in my thesis on constitutional development of Spain in 19th century that was essential not only for Spain itself but also for the rest of Europe because Spanish constitution from year 1812 has become a paragon for many European countries. My goal was to capture political-social conditions on Iberian peninsula in 19th century and historical circumstances leading to acceptance of individual constitutions. The thesis is divided into chapters, each of which refers to one constitution, or a draft of one, in a chronological order. Chapters are divided into sections that explain approach to outstanding topics such as scale and extent of individual state powers, monarch's power, political institutions, concept of suffrage and human rights and freedoms. For Spanish society was typical social stratification and persisting feudalism, strong influence of the Church and the nobility. The whole 19th century was affected by conflicts between conservatives and liberals. While conservatives were defending their historical privileges and were denying attempts on revolutional reform, the liberals were claiming equality of all citizens before the law,...
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Constitutional development of the Francist Spain
Vavrušková, Magda ; Seltenreich, Radim (advisor) ; Skřejpková, Petra (referee)
Constitutional Development of the Francoist Spain Summary in English The aim of the thesis is to describe political regime, legal order and especially the constitutional laws applicable in Spain during the governance of Francisco Franco Bahamonde between the years 1936 and 1975. Franco took part in the military uprising against the Second Spanish Republic and soon became the leader of the nationalist troops. As the head of state he constructed a "New State" inspired by the fascist, falangist and traditionalistic ideas. Under the influence of international circumstances after the Second World War he was forced to change his allies - Mussolini's Italy and Hitler's Germany was replaced by the United States - but his autocratic regime did not change a lot. It was still him who disposed of the unlimited power and whose status was unchangable. The free competition of the political parties was disabled as the only legal party was Francoist FET y de las JONS (later known as National Movement). During his reign Franco adopted seven constitutional laws which confirmed human rights and ideological principles of the regime and organized the state administration and public authorities. First of these laws was Labour Charter, adopted in 1938, followed by Law on the Cortes in 1942, Charter of the Spaniards in 1945, Law on...
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Codification of law in France under the First Empire
Vavříček, Martin ; Seltenreich, Radim (advisor) ; Císař, Jaromír (referee)
Codification of law in France under the First Empire The purpose of my thesis is to analyze genesis of preparation of six codes in France, to explain all influences and to show importance of this codification for the rest of the world. The scope of my thesis research is wider than just a description of codification works between years 1804-1815. The first part of this work explores the basis for codification. Sources of law, roman law, natural law, age of enlightenment, Declaration of the Rights and of the Citizens and legislative procedure under the First empire. The second part is composed of five chapters. Chapter one describes French Civil code promulgated in 1804. This chapter is composed of following subchapters: genesis of codification between years 1789-1804, the major figures of codification, systematics, related laws, selected paragraphs of Civil code and language quality. Chapter two is about Code of civil procedure (Code de procedure civile, 1806). It is composed of three subchapters: genesis, systematic and characteristics of this code. Chapter three describes Commercial Code (Code de commerce, 1807). This chapter includes genesis of commercial law from 16th century. The rest subchapters analyze genesis, systematic and characteristics of this codification. Chapter four is composed of...
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