Formation of the Czech Republic and Slovakia

Title:

Formation of the Czech Republic and Slovakia

Creator:

Siskovič, Štefan and Miriam Laclavíková

Identifier:

https://cdk.lib.cas.cz/client/handle/uuid:540b4c53-e640-4da7-9e57-0e1a96aa5178
uuid:540b4c53-e640-4da7-9e57-0e1a96aa5178
issn:1805-8396

Subject:

vznik Československa (1918), rise of Czechoslovakia (1918), Československo, Czechoslovakia, normative theorie, Act No. 11/1918 Coll. of Laws, Supreme Administrative Court of Czechoslovak Republic, 16, and 34

Type:

model:article and TEXT

Format:

print, bez média, and svazek

Description:

In this article we present some of the problems connected with the formation of the First Czechoslovak Republic from the legal point of view. Our aim is to point out that the First Czechoslovak Republic could not arise for the Slovaks on the 28th of October, 1918. Our argumentation is firstly based on the historical discussion (descriptive level) which was held in the past, but at the same time we try to formulate conclusions applicable on other similar cases within nowadays discussion (prescriptive level). In the beginning of the article we analyse the thesis according to which the First Czechoslovak Republic was created on the 28th of October, 1918, while trying to come to terms with the arguments that support this legal fiction. Consequently we analyze the thesis that the First Czechoslovak Republic could not be legally created for the Slovaks on the 28th of October, 1918, because at that time the Czechoslovak Republic did not execute its effective power on the Slovak territory. To support this thesis we use also the stable practice of the Supreme Administration Court. At the end of the article, we try to summarize all the previous arguments and draw the attention to the lack of explanatory power of the legal fiction claiming that the Czechoslovak Republic was created on the 28th of October, 1918., Štefan Siskovič, Miriam Laclavíková., and Obsahuje bibliografické odkazy

Language:

English

Rights:

http://creativecommons.org/publicdomain/mark/1.0/
policy:public

Source:

The lawyer quarterly: international journal for legal research | 2018 Volume:8 | Number:3

Harvested from:

CDK

Metadata only:

false