Ke sporu o pojetí suverenity lidu v české Ústavě
Ke sporu o pojetí suverenity lidu v české Ústavě
Author(s): Pavel ČernýSubject(s): Constitutional Law
Published by: Masarykova univerzita nakladatelství
Keywords: sovereignty of People;Czech constitutional and political system;onstitutional Court;
Summary/Abstract: The article deals with various approaches to the concept of "sovereignty of People", one of the leading principles of Czech constitutional and political system. It summarizes the most important arguments of the discussion, hold on this topic in some Czech legal magazines, mostly in connection with the Constitutional Court decision in the case of the Law of the Lawlessness of the Communist Regime and the Resistance Against It. Author tries to compare these arguments with some historical theoretical conceptions of sovereignty and legitimity of political power. He concludes that the bafsic difference among the attitudes of various authors can be found in the fact, if they consider either the sovereignty of People, or protection of individual autonomy, to be the basement of democratic legitimity of the political and legal system.
Journal: Časopis pro právní vědu a praxi
- Issue Year: 7/1999
- Issue No: 2
- Page Range: 112-119
- Page Count: 8
- Language: Czech