Publication details
Das Oberste Verwaltungsgericht in der Zweiten Tschechoslowakischen Republik
| Authors | |
|---|---|
| Year of publication | 2024 |
| Type | Article in Proceedings |
| Conference | Laudator temporis acti. Ünnepi tanulmányok a 65 éves Horváth Attila tiszteletére |
| MU Faculty or unit | |
| Citation | |
| web | Odkaz |
| Keywords | second republic, judiciary, supreme administrative court |
| Description | In the context of Czech legal history, the period between 1938 and 1989 is still extremely interesting and crucial for understanding the development of Czech society and the formation of the recent legal system. In their contribution, the authors decided to focus on the hitherto overlooked activities of the Supreme Administrative Court during the so-called Second Republic, i.e. the period from October 1938 to March 1939. This is an extremely important topic, as this period is characterised by dramatic changes in the political system, erosion of democratic principles and transformation of the rule of law, which had far-reaching consequences for the future development of the country. Analysing the work of the Supreme Administrative Court during this short but turbulent period allows a better understanding of how democratic principles were gradually eroded and how the rule of law was transformed under the influence of external and internal pressures. The Supreme Administrative Court played a key role in the application of new legislation during this period. Its decision-making fully projects undemocratic and unconstitutional processes, which, however, the Court effectively approved by its decision-making. This paper therefore not only enriches our understanding of the legal history of the Second Republic, but also provides new insights into the processes that led to the decline of democratic institutions and the rise of authoritarian rule. The methodological basis of the text is a historical analysis of documents, legislation and court decisions from the Second Republic. The authors draw on a broad source base to provide a comprehensive view of the contemporary development of administrative justice. The aim of the text is to shed light on the legal and political changes that took place after the Munich Agreement and to show how these changes manifested themselves in the actual functioning of the highest judicial body. |
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