Acta Universitatis Carolinae Iuridica (AUC Iuridica) is a legal journal published since 1955, which presents longer essays as well as short articles on topics relevant for legal theory and international, European and Czech law. It also publishes works concerning current legislative problems.
Although intended primarily for domestic audience, AUC Iuridica is useful also for foreign experts, who can take advantage of summaries in foreign languages (English, German and French) and key words, which are systematically added to the main articles and essays.
The published articles are subject to peer reviews. If necessary, reviewed texts are sent back to the author for revision.
AUC Iuridica accepts contributions from any contributor on any current legal topic.
The journal is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries).
The journal is archived in Portico.
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We are pleased to inform you that the journal Acta Universitatis Carolinae Iuridica was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database SCOPUS. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite SCOPUS database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.
AUC IURIDICA, Vol 59 No 1 (2013), 29–43
Koncepce právního pluralismu jako součást menšinového práva
Harald Christian Scheu
published online: 29. 01. 2015
abstract
The Concept of Legal Pluralism As Part of Minority Law A certain degree of legal pluralism is the reality in European countries already today. Within the system of minority protection a question should be posed how we can use the positive integration potential of legal pluralism and, at the same time, avoid the risks of parallel societies.As shown by the case law of the European Court of Human Rights, a strict concept of legal pluralism that provides different rules only for members of a religious minority would be incompatible with the European standards of human rights protection. Discrimination on grounds of an individual’s affiliation with a particular minority is unacceptable. Whenever different rules of minority communities should, in certain cases, replace the standard procedure under national law, this has to be secured within the frame of individual choice. This approach has been reflected in the regulation of contractual relations. In a secularstate, legal pluralism should be used only with a view of the hierarchy of legal norms for the benefit of fundamental values of the constitutional order. On the one hand, the state should not interfere with the internal affairs of minority communities.On the other hand, the state is obliged to ensure that, within its jurisdiction, no decisions and practices of minorities that are in clear contradiction with the essential values will be recognized.
keywords: legal pluralism; cultural conflicts; religious minorities; domestic population; non-discrimination právní pluralismus; kulturní konflikty; náboženské menšiny; domácí populace; ne-diskriminace
Koncepce právního pluralismu jako součást menšinového práva is licensed under a Creative Commons Attribution 4.0 International License.
230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478
