THE EXECUTION OF THE JUDICIAL POWER IN THE ARCHDIOCESE OF OLOMOUC IN THE YEARS 1917 TO 1948 Cover Image

VÝKON SOUDNÍ MOCI V OLOMOUCKÉ ARCIDIECÉZI V LETECH 1917–1948
THE EXECUTION OF THE JUDICIAL POWER IN THE ARCHDIOCESE OF OLOMOUC IN THE YEARS 1917 TO 1948

Author(s): Monika Menke
Subject(s): Christian Theology and Religion
Published by: Univerzita Palackého v Olomouci
Keywords: Canon Law; Judicial power; Archdiocese of Olomouc; Codified Law; Judge; Promoter of justice; Defender of the bond; Notary

Summary/Abstract: This article deals with issues related to the activities of the ecclesiastical court in Olomouc in the canonic¬-legal, historical, religious¬-political context over the years 1917–1948. The Ecclesiastical Court is the institution through which the diocesan bishop (in this case, the Archbishop of Olomouc) habitually carries out his judicial power. Judicial power is this part of the power of governance in the Church by which the rights of physical or juridic persons are vindicated, juridic facts are declared and the penalty for delicts are imposed or declared. The judicial power, which judges judicial trials, must therefore be exercised in the manner prescribed by the law. The most frequent causes, which are decided by the ecclesiastical court of the diocese, consist of marriage trials. The Church court of Olomouc underwent numerous changes over the period of its existence which reflected not only the legislative changes in the Church, but also the actual situation within the Bohemian and Moravian Church at this time. The article summarizes not only the execution of the judicial power of the Church in general, but also the personal situation at the court. Tracing the individual types of the cases is more difficult because many archival materials have not been preserved.

  • Issue Year: XV/2013
  • Issue No: 4
  • Page Range: 87–102
  • Page Count: 16
  • Language: Czech