Srovnávací právo v judikatuře středoevropských ústavních soudů
Comparative law in the judicature of the Central European constitutional courts

Summary/Abstract: Contemporary legal science is more or less based on the concept of law as a phenomenon, the essence of which is argumentation and multiplicity (relativity) of answers to the question of the meaning of law. Questions of correctness (rationality, etc.) of the meaning of law and the content of legal norms are questions inevitably connected with argumentation, with the relativity of answers and with the impossibility of finding a single objectively correct answer to the question quid iuris. In Europe, important holders of this concept of the right are, for example, the German Robert Alexy, the Finn Aulius Aarnio, the British Neil MacCormick or the Pole living in Sweden Aleksan der Peczenik. The argumentative nature of law is conceptually related to the discursive doctrine of J. Habermas, who also applied his theses to the field of law in the 1990s.

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