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Uchwalenie Jewish Naturalisation Act z 1753 r. a status prawny imigrantów żydowskich w XVIII-wiecznej Anglii

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Michalik P.
Forum Prawnicze
|
2018
|
issue 6 (50)
61–75
EN
The aim of this paper is to present analysis of the enactment of Jewish Naturalisa- tion Act of 1753. It gives us some insight into several key issues of the legal status of Jewish immigrants in the 18 thcentury England. Firstly, amongst the most of MPs there was mutual agreement that the legal status of English Jews, still rooted in the medieval common law, must be settled by acts of Parliament. Secondly, for the Whig majority the pattern of changes had been set by the naturalisation act of 1740 (Plantation Act), which provisions had not forced Jewish immigrants to take any Christian oaths. Thirdly, there were deep divisions between MPs as to the economic, social, religious and political outcomes of the proposed piece of legislation. Prized by Whigs and considered by the staunch Tories almost as an act of treason, Jewish Naturalisation Act was rejected by the English society. It was too early to make Jews natural born subjects of England.
2
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Czy Sąd Najwyższy USA zalegalizuje małżeństwa homoseksualne? Hollingsworth v. Perry i United States v. Windsor

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Michalik P.
Forum Prawnicze
|
2013
|
issue 1 (15)
36-49
EN
This spring the US Supreme Court will make its decision in two well-known cases: Hollingsworth v. Perry and United States v. Windsor. In both the Court must resolve the nationwide dispute over the constitutionality of federal and state laws which defined marriage as a union between a man and a woman. The Ninth and the Second Circuits found (in Perry and Windsor respectively) that such laws violate both Due Process and Equal Protection Clauses of the Constitution. The aim of this paper is to analyze the former Supreme Court’s decisions in this field in order to propose the most probable rationale of the expected judgements. Taking into account the Supreme Court’s milestone rulings in Griswold v. Connecticut from 1965, Loving v. Virginia from 1967, Romer v. Evans from 1996 and Lawrence and Garner v. Texas from 2003, it seems fairly possible that the Court will uphold the constitutionality of same-sex marriage. Most likely, it will be done on the ground of the Second Circuit decision in Windsor which is the best opportunity to gather the sufficient five-member majority round this solution.
3
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Charter of Maryland as an Example of Proprietary Colonial Charter

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Michalik P.
Krakowskie Studia Międzynarodowe
|
2008
|
issue 1
339-360
EN
Depending on the type of the person being the benefactor of the grant, the English colonial charters issued by the Crown since the end of the 15th century may be divided into corporate and proprietary licences. both the legal form and the content of such chances was based on mediaeval standards. The basic model for the proprietary charter meant infeudation of a border county enjoying the special status of County Palatinate, and was established as early as at the time of William the Conqueror. The beneficiary of such a grant, the Count Palatine, discharged full royal power within his county, and was attached to the crown only by the oath of fealty. Although Henry VIII greatly limited the privileges of the Count Palatines, this specific legal status was successfully applied in colonial charters issued by the Stuarts beginning with the 1620s. A special place among those documents is held by the Charter of Maryland – a model proprietary charter of the Durham type issued in 1632 by King Charles I for the founder and first proprietor of Maryland, Cecil Calvert Lord Baltimore. A comparative analysis of the individual decisions of the Charter provides not only an opportunity to learn the structure and content of the proprietor colonial charter but also allows focusing on important political, social, and economic questions that shaped the 17th-century British colonialism in America. Their number includes legal and practical aspects of a colonial enterprise portrayed against the lives of George and Cecil Calverts, the scope and limits of the colony proprietor’s power, the question of legislation and the binding force of law in the colony and – which is closely related to it – the shaping of the representational government in the form of General Assembly standing in opposition to the proprietor, the question of transposing feudal social relations of the metropolis to the colony through the manorial system, and political and denominational relations within the colony. The last of the above is particularly important in the case of Maryland, due to the fact of the Calverts being Catholic.
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