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Homeland as a legal concept in the context of international and constitutional law

Publication at Faculty of Law |
2020

Abstract

The aim of this paper is to analyze the notion of homeland in international legal and constitutional documents. On the international level, the so-called right to homeland is related to the principle of self-determination of peoples and the protection of national minorities.

Regarding the development of the Czechoslovak and Czech constitutional terminology, we can see a shift from the somewhat mystical concept of homeland (domov) to the seemingly more rational concept of motherland (vlast). An analysis of German constitutional jurisprudence shows that the meaning of the word homeland differs from the meaning of the word motherland.