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Mesto a dejiny
|
2019
|
vol. 8
|
issue 1
80 – 109
EN
The extension of totalitarian and authoritarian regimes in the first half of the twentieth century, which hit most European states, required political interferences within the highest legislative and executive authorities of states as well as in local administrations and bodies of self-government. Legislative interventions resulted in the formation of new local political elites whose representatives, mostly recruited by the criterion of political reliability, held the defining positions and played the significant role in implementing anti-Jewish policy during the Holocaust era. The main aim of this contribution is the analysis of the mechanisms of legislative interventions into the creation of new local political elites in selected examples of Nazi-occupied countries (General Government, Protectorate of Bohemia and Moravia) and allied regimes (Slovak State and Hungary).
EN
The article deals with the principle of proportionality, which, despite being very well-known and widely used in other European countries, has received quite a reluctant treatment in Slovakia. It was only in 2009 that the principle of proportionality was dealt with in an upto-date fashion by Constitutional Court of the Slovak Republic in two cases concerning freedom of speech. The article uses these cases as an example through which it tries to explain the structure, origins and ideas underlying the principle of proportionality with special regard to Robert Alexy’s theory of balancing of constitutional rights.
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