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Organization of judiciary and the legal regulation of procedure in the Renewed Constitution
Berdárová, Jitka ; Malý, Karel (advisor) ; Adamová, Karolina (referee)
Resumé Renewed Provincial Constitution from the year 1627 is legal document, codification of provincial law, issued as a result of the White Mountain overthrow of uprising. This fact determinated considerably his character. Triumphal Emperor Ferdinand II. confirmed in it above all his position, the main purpose of the revision of the provincial law was the strengthening of the ruler's power. Fundamental and substantial changes brought Renewed Provincial Constitution especially in all areas of state, constitutional law and in political relations. The aim of ruler was to enhance his own position. As an absolutistic ruler became the sole holder of all state autority. The object of this work was mainly organization of justice and procedural law, because Renewed Provincial Costitution regulated not only the constitutional issues, but also codified provincial (nobility) law. Regarding the judiciary, it is necessary to distinguish the organization of the courts under the judicial system configuration and operation of the courts alone. In the first case, we can see some continuity with the previous establishment, continued to maintain the principle of personality. Organization of courts kept its previous character, courts have stayed divided according pertinence to the separated social groups. Disputes of the...
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Organization of judiciary and the legal regulation of procedure in the Renewed Constitution
Berdárová, Jitka ; Adamová, Karolina (referee) ; Malý, Karel (advisor)
Resumé Renewed Provincial Constitution from the year 1627 is legal document, codification of provincial law, issued as a result of the White Mountain overthrow of uprising. This fact determinated considerably his character. Triumphal Emperor Ferdinand II. confirmed in it above all his position, the main purpose of the revision of the provincial law was the strengthening of the ruler's power. Fundamental and substantial changes brought Renewed Provincial Constitution especially in all areas of state, constitutional law and in political relations. The aim of ruler was to enhance his own position. As an absolutistic ruler became the sole holder of all state autority. The object of this work was mainly organization of justice and procedural law, because Renewed Provincial Costitution regulated not only the constitutional issues, but also codified provincial (nobility) law. Regarding the judiciary, it is necessary to distinguish the organization of the courts under the judicial system configuration and operation of the courts alone. In the first case, we can see some continuity with the previous establishment, continued to maintain the principle of personality. Organization of courts kept its previous character, courts have stayed divided according pertinence to the separated social groups. Disputes of the...
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