Suchergebnisse

The article aims to analyse the peculiarities of implementation of the Reichstags' and Emperor' acts which concern the legal relations of the Utraquism, Lutheran and Calvinism proceeding. These are the Act of the Diet of Worms 1521, the Act of the Diet of Speyer 1526, the Act of the Diet of Speyer 1529, the Speyer Protest Act 1529, the Act of the Diet of Augsburg 1530, the Religious Peace Treaty of Nuremberg 1532, the Acts of the Diets of Speyer 1542 and 1544, the Treaty of Passau 1552, the Treaty of Augsburg 1555 with the Declaratio Fernandea, the Prague Compactata 1436 signed by the Emperor Sigismund, Charles V Habsburg recess 1530, interim of Augsburg and Leipzig 1548 signed by Charles V.

The article evaluates the depth of the whole-empire legislation practical implementation through the review of public-legal and private-legal freedom of faith phenomena which took place on the territories of the Imperial subjects practising different faith during the Reformation and the Counterreformation arousal. The historical, dialectical, comparative, formal, teleological methods as well as the methods of analysis and synthesis are applied to analyse historical events, legal mentalities peculiarities, definite legal causes, local legislation acts authorised by princes, magistrates, burgomasters.

Based on the abovementioned, the author comes to certain conclusions. The contradictory nature of the central empire legislation on about the new confession and the legal status of its believers led to the spreading of the legal nihilism on the imperial subjects' territories. This nihilism strengthened the centrifugal processes in the Holy Roman Empire creating the threat to the state unity and integrity.

Despite their victory in Shmalkalden war, the emperor and the catholic lobby realized the real scope of public and private regulation of the freedom of faith legal institute, taking place on the territories of the Empire's subjects.

Their concessions they made resulted in the creation of a paradoxical social-legal and state-political dichotomy. On the one hand, granting the freedom of faith empowered local governments and increased decentralization of the Holy Roman Empire, and on the other hand it contributed to its unity and stopped the splitting processes. It has practically proved that personal concessions on common interests could hold the Empire solid.

The article proposes to improve using of the concepts "freedom of religion" or "freedom of faith" and "legal religious tolerance". Such categories as "freedom of religion" or "freedom of faith" are more popular now in the state and international legal acts.

The application of hermeneutic, comparative, historical, formal legal and dialectical methods of scientific research allows concluding that the term "legal religious tolerance" is better suited to the realities of the legal system than the concept of "freedom of religion" or "freedom of faith". The content of the concept of "freedom of religion" as one of the main categories of human rights and freedoms enshrined in international acts and in the legislation of the most states of the Western Legal Tradition is based on the philosophical ideas of the early modern period. Despite the humanity and the enlightening liberality of those ideas, they remain too idealized and complicated in their practical legal application. The legal content of the concept of "religious tolerance", with all the disadvantages of its vagueness, due to its hermeneutic flexibility leaves much more space for the practical law enforcement.

The categories of "state religion" and "religion of the majority population" are supposed to exist. It does not require absolute detachment of public authorities from regulating religious relationships. Moreover, it mitigates collisions between the application of this right and other civil rights. The author states that using of the legal category of "religious tolerance" is much more suitable. Since its content is in line with the canons of the religious laws of the different religions, natural law, and the historical legal tradition of the long development of society, the concept of "religious tolerance" should be used for the regulation of the religious legal relations in the states with different religious communities.