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Contitnuity of Law at Crucial Moments of the Czechoslovak State
Bárta, Jan
Among the significant turning points in the history of Czechoslovakia as a State that have to be considered, such as its coming into existence in 1918, and its dissolution in 1993, also the beginning and the ending of the Nazi occupation, and additional turning point that needs attention is the fundamental constitutional transformation into a federation, as of 1969. At each and every of the aforementioned instances, it was inevitable to lay down, in a conrresponding manner, whether and to what extent the formerly applicable law remained in force. The article examines the phenomenon of that in these indicated situations, which as such represent completely different circumstances, they still gave rise to the technically speaking analogous question of continuity of law. This justifies a mutual comparison of legislative approaches to sitiations which in themselves, both historically and essentially, are not comparable. As regards the termination of Czechoslovakia, we are in fact in presence of the post-Czechoslovakian acts, and it is therefore appropriate to terat the measures taken by Czechia and by Slovakia separately.
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The Holy Crown in the 2011 Hungarian Fundamental Law
Halász, Ivan
The adoption of the new Hungarian Fundamental Law is a result of the victory of the right-wing and conservative coalition in the election of 2010. The preamble of the Fundamental Law is characterised by Christian-conservative and national view of the historx and policy. Its text is very ideological, historical and archaic. This trend includes reincorporation of the Hungarian Saint Crown in the text of historical constitution as well.The interest in the Crown and its symbolical meaning grew directly after the transition in 1989, but this particular 'rehabilitation' ane 'reactivation' of the Saint Crown in the public law is the result of the post-2010 constitutional-making. The recognition of Saint Crown as a symbol of the constitutional/state continuity and unity of nation is in this form a new element in current legal order of Hungary.
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Legal Informatics and the Legislation
Novák, František
The paper deals with the description of possibilities of using the IT technology in the field of legislation, understood as the system of legislative forms or documents (Laws) on one side and the process of creating and issuing those documents (Law Acts) on the other. It describes special scientific projects aiming at studiyng several problems of legislation with the use of IT technology and their results including the design of special tools for perfecting the legislation as such as well as the work of the legislator: e.g. legal retrieval (information) systems, databases of egal information, tools of 'legimatics', or monitoring of the development of the legislative system. The second part of this study si devoted to presentation and evaluation of two new Czech projects: e-Legislation and e-Collection of Laws. Analysed are the goals and principles of those projected systems and their operation. And, of course, their future.
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Emil Svoboda between Bratislava and Prague - Flying Dutchmen and Anquish of a Prague Cage Bird?
Kober, Jan
Following the nearly forgotten story of Slovak porfessorship of Emil Svoboda, the article analyses the historical process of obtaining a professorship in Czech legal academia of the early 1920s, in the time of the university boom. Emil Svoboda was working for his professorship in Bratislava. His attempt to enforce the appointment of a professor in Prague for the promise of several years of 'pioneering work' in Slovakia failed, as did the less successful attempt to obtain at least the promise of a future Prague professorship as a counterbalance to leaving for Slovakia. Still, he elft for Slovakia, believing that the position at the law faculty would increase his chances of future success. However, the knowledge that he will lose his academic positions in Prague led him to resign quickly from the Bratislava university chair and to be satisfied with the certainty of the Prague Technical University professorship and with the associate professor position at the Faculty of Law of Charles University. In the end, he proved to be right and he would be an imaginary winner in this situation - a brief presence in Bratislava preovided him with the possibility of external lecgturing at this university for several years without losing his two teaching positions in Prague.
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Ochrana přírody a veřejný zájem
Müllerová, Hana
In the decision-making procedures, the interest in the protection of nature often collides with other interests and values. Declaring certain value to be in a public interest strengthens the position of that value and justifies its priority over other interests. This contribution focuses firstly on the concept of the public interest and the ways how collisions of competing interests are solved in general. Then it analyses the Czech legislation on natural protection and its provisions on the public interest.
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Nature Protection and the Public Interest
Müllerová, Hana
In the decision-making procedures, the interest in the protection of nature often collides with other interests and values. Declaring certain value to be in a public interest strengthens the position of that value and justifies its priority over other interests. This contribution focuses firstly on the concept of the public interest and the ways how collisions of competing interests are solved in general. Then it analyses the Czech legislation on natural protection and its provisions on the public interest.
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Legal Decency (Equity) and Civil Code
Eliáš, Karel
The paper tackles the current legislation pertaining to Czech private law. Equity has its philosophical origin in ancient Greece, it influenced Roman legal thinking and is part of the Czech judiciary.
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