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  1. 2 Annales Scientia Politica

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LEGISLATÍVNA MODLITBA AKO SÚČASŤ ÚSTAVNÉHO SYSTÉMU USA

100%
Futó G.
Annales Scientia Politica
|
2014
|
vol. 3
|
issue 2
20 – 26
EN
Freedom of religion as a part of broader concept of freedom of conscience is one of the most precious rights held by the civilized men. First Amendment's Establishment Clause of the Constitution of the United States prevents government at least from establishing federal or state religions, discriminating, aiding or favouring one religion over the other and coercing individuals into religious participation. In 1983 the Supreme Court of the United States carved out an exception for opening state legislative session with a prayer. Based on the historical evidence the Court found that unless there is an indication that the prayer has proselytizing, advancing or disparaging effect, Establishment Clause does not preclude this type of prayer. In 2014 the same practice was upheld on a local government level (town board meetings).
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OBMEDZENIE PARTICIPAČNEJ DEMOKRACIE V USA

100%
Futó G.
Annales Scientia Politica
|
2013
|
vol. 2
|
issue 2
42 – 49
EN
Referendum and initiative as integral parts of participatory democracy are the key elements in preserving retained powers of the people. Diminishing the ability to guard they will by refusing to defend the outcomes of state popular vote in federal courts, leaves open question about interpretation of standing doctrines by United States Supreme Court. The same sex marriage cases present an example of different standards set by the highest court in this area. Hollingsworth v. Perry decision, stating that the official proponents of the initiative lack standing to appeal the judgement of the District Court undermines the principles of the initiative process, hence the whole concept of popular sovereignty.
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