Publication details
The Concept of Nationality in Courts Decisions
| Authors | |
|---|---|
| Year of publication | 2008 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | In this contribution we do not want to discuss the terms nation and nationality as the historical phenomenon. The nation for example served as source of law. However, this romantic picture influenced the modern shape of law while its importance gradually disappeared and the sphere o law started to be determined by positivism but not in the way of the historical positivism. Instead of the nation more significant became the citizenship. One of many questions growing out of this is whether the concept of the citizenship is more accurate then concept of the nationality? This is not a presumable question because every concept can be defined more or less precisely without regard to the very concept. On the other side we cannot admit totally independent definition of the legal concept. The main aim of this contribution is: how do courts define nationality? Is this stable opinion expressed without regard to the type of the court or differs the content of this term in different conditions? |
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