PRÁVNĚHISTORICKÉ STUDIE
PRÁVNĚHISTORICKÉ STUDIE

Právněhistorické studie / Legal History Studies (Charles University journal; below referred to as PHS or Journal) is a scientific journal listed in the international prestigious database SCOPUS. The journal is published by Charles University in Prague under the guarantee of the Department of Legal History of the Faculty of Law of Charles University. It is published by the Karolinum Press. The journal focuses on the field of legal history and related topics.

Issue 1 of the Journal was published by the Czechoslovak Academy of Sciences Publishing in June 1955. The Journal was initially published by the Cabinet of Legal History of the Czechoslovak Academy of Science (CSAV), later by the Institute of State and Law (CSAV) and then by the Institute of Legal History of the Faculty of Law of Charles University.

PHS is issued three times a year in April, August, and December and it presents original scientific works/papers as well as reviews, annotations and news from the scientific field of legal history. It also introduces annotated texts of a legal history nature. PHS accepts manuscripts from domestic as well as foreign authors. Manuscripts submitted by foreign authors are published in original language, namely in English, Slovak, German, French, Italian or Polish.

PHS (ISSN 0079-4929) is registered in the Czech national ISSN centre (supervised by the State Technical Library). The Journal is registered by the Ministry of Culture of the Czech Republic according to Act No. 46/2000 Sb., on Rights and Liabilities for the Publishing of Periodicals and Change of Some Acts (Press Act), and it is allocated with registration number of periodical press MK E 18813.

PHS is an open journal and ensures open access to scientific data (Open Access). The entire content is released as open to the public on the web pages of the journal.

The journal is archived in Portico.

PRÁVNĚHISTORICKÉ STUDIE, Vol 44 No 2 (2014), 47–61

„Warrenův soud“ – přelom ve vnímání občanských práv ve Spojených státech (60. výročí od klíčového rozhodnutí v případu „Brown v. Board of Education“)

[“The Warren Court” – the Turning Point in the Perception of the Civil Rights in the U.S.A. (60th Anniversary since the Key Decision in the Case “Brown v. Board of Education”)]

Radim Seltenreich

published online: 21. 05. 2015

abstract

The author deals in his article with the issue of the Warren Court, it means with the time when the chairman of the Supreme Court of the U.S.A. was Earl Warren (1953–1969). The concrete impulse was for him the 60th anniversary since the decision in the case “Brown v. Board of Education” in the year 1954 which meant the end of the segregation in american public schools. But above all he wants to point out to the fact that the liberal majority of the Warren Court tried to push ahead the new concept of the democracy which was not supposed to be perceived just as the mechanical fulfilment of the “rule of games” but should have as well some contentual quality emphasising the principle of the equality of the citizens without regard to the pertinance to the anyhow defined minority and by full consideration for their civil rights. This approach created as well questions with regard to the legitimacy of the operation of the court, with other words, if the Supreme Court of the U.S.A. is not making “judicial legislation” for which the constitution is naturally not allowing the authorization. The author in the article as well shortly represents the various key judges of the Warren Court – the members of the decisive liberal stream (especially Warren, Black, Douglas, Brennan) and as well the members of the conservative wing (Frankfurter, Harlan). Further are mentioned as well the aereas in which the Supreme Court of the U.S.A. in the time of the Warren’s chairmanship won the main deserts – it means the end of the segregation in the public schools, the just modification of the voting right based on the even division of votes, the freedom of the speech and the press in the scope of the first amendment and the emphasis on the rights of the citizens in the process of the administration of the criminal justice.

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„Warrenův soud“ – přelom ve vnímání občanských práv ve Spojených státech (60. výročí od klíčového rozhodnutí v případu „Brown v. Board of Education“) is licensed under a Creative Commons Attribution 4.0 International License.

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ISSN: 0079-4929
E-ISSN: 2464-689X

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