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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 position and administration of Roman-Catholic parishes, parish communities of the Czechoslovak Protestant Church and religious communities of the Czechoslovak Hussite Church
Smolík, Viktor ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
This thesis is about the legal position and administration of the elementary institutions of three churches in the Czech Republic. These churches are significant in the Czech Christian churches and they are based on other system of administration. The aim of this thesis is to make comparison of this three systems. The thesis is composed of five chapters, each of them dealing with different church. Chapter one introduced to the problem and it presents all churches. Chapter two is about parishes of Catholic Church, which is controled by a episcopal papal system of administration. In the Czech Republic is the most dominant Roman branch of church. The thesis react with this fact and the first part is mostly about this branch, only one chapter is about the other branches of this church. This chapter consists of eight parts. The first part is about the legal position of parishes, second part is about establishment, termination and change of parishes. The third and fourth parts are about the position of priests (third part is about parish priests, fourth part is about other priests in the parish) and the fifth part is about councils in the parish. Sixth part of this chapter describes the administration of property. Seventh part introduces to other legal persons and the last part introduces to the system...
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Declaration of nullity of marriage due to defective consent to marriage under CIC/1983
Magda, Juraj ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
The The Diploma Thesis deals with the institute of Catholic marriage, also called matrimony, and aims to provide detailed analyses on nullity of matrimony due to invalidity of matrimonial consent and its declaration. Firstly, the Thesis states a definition of matrimony with respect to Sacrament of Marriage being governed by the divine law, the canonical law, and, in regards to certain effects, the civil law. Pursuant to Code of Canon Law [CIC], 1983, canon 1055, §1, the matrimonial covenant, by which a man and a woman establish between themselves a communion of the whole life, is by its nature ordered toward the good of the spouses and procreation and education of offspring. Hence, marriage is a contract by which a man and a woman become irrevocably united, the Code of Canonic Law set up essential properties of marriage obligationes matrimonii essentialis, which are not to be excluded by either contractants. The Thesis further provides commentary on the grounds for the invalidity of the matrimonial consent, by descripting the reasons for nullity of matrimony which are defined by the Code of Canon Law, and can be grouped under these main causes: serious mental incapacity, incapacity to assume obligations, ignorance, error of person,simple error, fraud, simulation, conditional marriage, force and...
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Nazi Occupation of the Czech Frontiers and Czech Lands
Pakandl, Josef ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
The thesis deals with impact of the Nazi occupation on the church administration. The aim is to describe as thoroughly as possible the results of the occupation of the Czech borderland as well as remaining area Bohemia and Moravia for the church administration and also to touch some other questions related to this theme. I chose this topic because of my interest in history. The issues of churches and religion societies are also close to me. During writing Master's degree thesis I studied special literature and I visited bishopric in České Budějovice and National archive. The work is divided into nine chapters. The first chapter deals with the occupation of the Czech borderland by German army and subsequent government at this region. The second chapter describes the impact of the occupation on the Roman Catholic Church administration, namely administration in individual dioceses, commissariats of Wroclaw archdiocese on the Czech territory, attempts to fill the vacancy of diocesan bishops from the part of the Apostolic See and consequences for the structure of congregations. The third chapter outlines German church politics and its impact on the church life in the occupied borderland, especially relationship of believers to the national issue, German steps aimed against churches, persecution 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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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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Funding of Churches in the Czech Lands in 20th Century
Pustina, Radek ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
Funding of Churces in the Czech Lands in 20th Century The aim of my Master's degrese thesis is to describe the evolution of the system of financing of churches and religious societies in the Czech lands during the 20th century. I have also focused on future possibilities for church financing with regard to the foreign regulation. The thesis is composed of ten chapters. The first chapter deals with various models of the relationship between state and church existing in the world and their implications for raising funds for church activities. The following six chapters focus on the financing of churches in different historical periods. The second chapter concentrates on the situation in the Czech lands as part of the Austrian monarchy. There is described the formation and function of religious funds and the introduction of state subsidies to clergy. The third chapter deals with the First Republic, and mainly land reform and its implications for church finances. The fourth chapter deals with the position of the Church during the Second Republic and the Nazi occupation. The next section describes the occupation of church property by the state, I analyze there disputes about the application of the Benes decrees of confiscation of churches property and new land acts. Replacement the financing of the...
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