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The theory of self-government in the first CSR:

100%
Siskovič Š.
The Lawyer Quarterly
|
2020
|
vol. 10
|
issue 3
293-304
EN
In the first CSR, mainly under the influence of normative theory, several legal scientists began to focus on the public-law branches of law. Administrative law and self-government were not exceptions. The main subject of the dispute in terms of self-government consisted of the different view of its status and purpose in society. On the one hand, in the first CSR we are confronted with the political concept of self-government and, on the other, the legal concept of self-government. The theory of a political concept of self-government was based on the historical origin of self-government before the state, and on the idea that self-government is a collective equivalent of an individual with natural and inalienable rights. From this statement, several theorists have inferred that self-government is necessarily an existing union with the original power. On the contrary, the theory of the legal concept of self-government was based on the fact that, despite the historical origin of self-government, the state is the only sovereign on its territory. Therefore, self-government is only an entity with delegated power and a clearly defined sphere of competence, therefore self-government is a union created by the state.
2
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Formation of the Czech Republic and Slovakia

63%
Siskovič Š., Laclavíková M.
The Lawyer Quarterly
|
2018
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vol. 8
|
issue 3
193-213
EN
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.
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