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 47 No 2 (2017), 106–118
Ústavní aspekty španělského přechodu k demokracii – od frankistické diktatury k právnímu státu
[The Constitutional Aspects of the Spanish crossing towards Democracy – since Frankist Dictatorship till Rule of Law]
Radim Seltenreich
published online: 21. 02. 2018
abstract
The author in his article deals with the problematics of the constitutional aspects’ crossing of the Frankist regime towards the democracy. In the accordance with this he firstly depicts “the constitutional anchorage of the Frankist regime” since its beginnings in the time of the civil war till Franco’s death in the year 1975. In this connection he emphasizes mainly the importance of the “fundamental laws” which represented the constitutinal legitimation of this dictatorship. The author then deals with their character and underscores their ideological background which makes impossible to speak about the existence of the rule of law. In the second part of his article he analyses the change of this system into the modern democracy which is distinguished by the legal certainty with the emphasize on the existence of the inalienable human rights and their constitutional guaranty. As key factor of the success of this process he considers the release of the Political Reform Act in the year 1976 which further led toward the acceptation of the democratic constitution in the year 1978. At the end of his article then he deals with the brief analysis of the text of the constitution with the stress on the basic distinctions in the comparision with the “constitutionality of the Frankist regime”.
Ústavní aspekty španělského přechodu k demokracii – od frankistické diktatury k právnímu státu is licensed under a Creative Commons Attribution 4.0 International License.
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ISSN: 0079-4929
E-ISSN: 2464-689X
