|
|
Czech Republic as a Laic State
Karola, Petr ; Pavlíček, Václav (advisor) ; Bartoň, Michal (referee) ; Reschová, Jana (referee)
1 Název disertační práce, abstrakt a 3 klíčová slova v anglickém jazyce Czech Republic as a Laic State Abstract The dissertation on The Czech Republic as a Laic State focuses on the complicated relationship between the Czech state, churches, and religious societies, which on one hand symbolizes centuries of efforts trying to separate the state from the churches (especially the Roman Catholic one) and on the other hand a long struggle for religious freedom. Its main research question is whether the Czech Republic is a laic state. Despite its obvious importance and topicality, this topic is not much addressed in contemporary Czech constitutional law theory. The thesis is divided into six extensive chapters containing both constitutional and state law aspects of the relationship between the state and churches, as well as human rights theory concerning religious freedom. An extensive historical and legal analysis of history has not been omitted as well. In the second chapter, the reader will thus learn what the principle of laïcité is, from which the present model of the laic state has developed, and what its roots are. There is also discussed the key terms like secularization and desecularization. The third chapter is devoted to the theoretical foundations of the thesis. It is dedicated to the analysis of...
|
|
|
Legal regulation of provision of spiritual care in the armed forces of the Czech Republic
Chalupa, Jan ; Horák, Záboj (advisor) ; Tretera, Jiří Rajmund (referee)
Legislation of the provision of spiritual care in the armed forces of the Czech Republic The thesis deals with the legislation of the provision of spiritual care in the armed forces of the Czech Republic, a subject of the field of religion law. Spiritual care in the armed forces is a manifestation of religious freedom provided in the Czech Republic by a system of legal sources of various legal powers. The aim of this thesis is to analyse all these sources, describe their relationship and evaluate the way in which they ensure the exercise of religious freedom in the structures of the armed forces of the Czech Republic. The work is divided into ten chapters. The first chapter explains basic terminology. It explains the concept of spiritual care and the concept of the armed forces of the Czech Republic. The second chapter is devoted to the content of spiritual care in the armed forces and the reasons for its existence. Its subject is therefore a description of the activities by which spiritual care is carried out in the environment of the armed forces. The third chapter describes the organization of the Czech Armed Forces, their division and the tasks that are entrusted to individual components. The following chapters are henceforth devoted to legal norms. Legal norms of the same kind are discussed in...
|
|
|
Freedom of worship - its constitutional and statutory regulation and reflection in the caselaw of the Constitutional Cour
Popelková, Martina ; Hofmannová, Helena (advisor) ; Suchánek, Radovan (referee)
This thesis aims to analyze legislation of the Czech legal order concerning religious freedom. The work is divided in two parts. The first part of the thesis deals with the definition of religious freedom in the first place. Afterwards the thesis describes the Constitutional law relating to the religious freedom (especially the Article No. 15 and No. 16 of the Charter of the Fundamental Rights and Freedoms of the Czech Republic), international conventions relating to the theme (e.g. The Universal Declaration of Human Rights, The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights etc.) and further statutory provisions and legislative rules guaranteeing religious freedom in the Czech Republic. Major part of the thesis relating to the statutory provisions and legislative rules deals with the act No. 3/2002 Coll., on Freedom of religion and the status of churches and religious societies, as amended. The act No. 3/2002 Coll. constitutes basis of regularization of the freedom of religion in the Czech Republic. Various provisions of the act No. 3/2002 Coll. were subject to review of the Constitutional Court of the Czech Republic due to their unconstitutionality. The second part of the thesis discusses various decisions of the...
|
|
| |
|
|
A lay state - constitutional safeguards and legislative implementation
Szalonnás, Ondřej ; Suchánek, Radovan (advisor) ; Pavlíček, Václav (referee)
This dissertation deals with the relationship between state and religions as social phenomena and examines it from several perspectives in order to review the meaning of the term "lay state." In the first chapter, it analyses the common history of states and religions, describes the important role of religion in the ancient states and then focuses on the rise of Christianity and its spread in the Roman Empire, its role after the fall of Rome and in the formation of the new social and state structure of Europe. It discusses the fight for supremacy between Popes and Emperors and the fall of the temporal power of the church. It suggests that neither religion, nor states can prevail over each other because of their different nature. The church failed in its attempt to usurp temporal power over states, and so did the totalitarian states of the twentieth century in their aspiration to annihilate religion and to substitute it with their atheistic ideologies. In the next chapter the dissertation examines international documents concerned with the human rights, especially with the freedom of religion. It describes the shift in its perception: initially viewed as a domain the states should not interfere in, is now accepted as a domain that gives rise to several positive obligations that are incumbent on states to...
|
|
|
Religious Freedom in Democratic Rule of Law State
Řepa, Karel ; Hofmannová, Helena (advisor) ; Molek, Pavel (referee) ; Wintr, Jan (referee)
Název disertační práce, abstrakt a 3 klíčová slova v anglickém jazyce Title: Religious Freedom in Democratic Rule of Law State Abstract: The dissertation deals with the topic of religious freedom in a democratic rule of law state, namely from the perspective of constitutional theory and human rights theory as well as it reflects selected current problems of religious freedom protection in the context of Western societies. It thus contributes to the domestic legal discourse which traditionally focuses on religious freedom issues rather marginally. In the area of constitutional theory, it attempts to answer the question of general link between the modern state and religion, and the concept of a democratic rule of law state and religion. It seeks answers through a system theory conceiving both the state and religion as social systems whose fundamental differentiation is between sacred and profane. Their extreme conflict is conceived as a dispute over sovereignty, which is, in the reality of a democratic rule of law state, settled primarily through the institute of religious freedom. Based on this the thesis maps the development of modern constitutionalism and its relation to religion and formulates the basic position of religion in the system of a democratic rule of law. The second part of the thesis focuses...
|
|
| |
|
|
The Society of St. Pius X in current czech discussion about the legacy of Vatican II
Milata, Jan ; Vojtíšek, Zdeněk (advisor) ; Veverková, Kamila (referee)
The SSPX is a community of non-monastic priests with a structure similar to that of many religious orders. It was founded in 1970 by Archbishop Marcel Lefebvre. Its pro- gram is to defend traditional Catholic values against the danger supposedly represented by the reforms initiated by the Second Vatican Council. A wider community of Catholics disagreeing with developments in the Church was formed around the SSPX. Following the breakup of the SSPX with the leadership of the Church in 1988, this community gained strength and a character of a certain denomination. The Second Vatican Council (1962-1965) carried out a lot of changes, many of which have not yet been fully implemented. They concern the liturgy, pastoral care, interpretation of Scripture, and theology studies, among other issues. The common denominator of the con- ciliar reforms was to make the proclamation of Christ more comprehensible to modern man and make many things in the church consistent with the spirit of the Gospel and early Chris- tian tradition. The most significant shifts, initiated by the council, were the new approaches to ecumenism, to principle of religious freedom and to interfaith dialogue. Many circles in the Church, however, considered these changes as grinding the truths of faith; these Cath- olics began to be...
|
|
|
The Society of Saint Pius X
Milata, Jan ; Vojtíšek, Zdeněk (advisor) ; Veverková, Kamila (referee)
9 Summary The SSPX is a society of Roman Catholic priests, who aren't organized in any religious order, however, it's organization is similar to many religious orders. As its mission the SSPX consider the defense of a catholic priesthood, the Tridentine Mass and the true doctrine of the Church against danger, which supposedly affected the Church after the Second Vatican Council. The SSPX was established in 1970 and its center became Ecône Seminary in Switzerland. Hereafter, a wider informal group of Catholics, who were unsatisfied with an evolution of the Church, formed around the Society. The members of this group attended masses, celebrated by SSPX priests. This group had united more after a breakup between the SSPX and superiors of the Catholic church, which was caused by an illicit ordinations of a priests and following excommunication of a founder, archbishop Marcel Lefebvre, and his nearest fellows in 1988. From that point, these believers are forming to some kind of congregations similar to parishes, but which are unofficial and improvised. These activities, as well as a sacraments celebrated by SSPX priests, are unacceptable in a catholic canon law system (however, these sacraments are valid, if they were already celebrated!). The ethos of this society is conservative - both in a relation to...
|
|
|
Secularism in context of liberal-democratic state
Řepa, Karel ; Pavlíček, Václav (advisor) ; Hofmannová, Helena (referee)
The thesis deals with the concept of a secular state from a perspective of comparative constitutional law and theory of state. The concept is in various forms part of almost all constitutional systems in Europe. With focus on European area the whole idea of secular state is exclusively designed and evaluated within the structure of the normative requirements of the liberal democratic state. The aim of the thesis is to reveal the guiding principle determining the content of secular state and to rethink its application on all imaginable interactions between state and religion. The result is presented as a state theory model called as "classical model of secular state", which is subsequently used as a tool for evaluation of relevant phenomena on level of selected constitutional systems. The first chapter discovers the principle of state neutrality with respect to religion as an essential principle guiding the content of secular state. Applying this principle to the deeply complex relationship between state and religion in the real world leads to a definition of all theoretical implications of the principle, which in sum create the "classical model of secular state". Their modifications preserving the dominant application of the principle of neutrality lead to an analytic differentiation of religious...
|
guest ::
