Ke sporu o pojetí suverenity lidu v české Ústavě

Vol.7,No.2(1999)

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.

Pages:
112–119
Author biography

Pavel Černý

Faculty of Law, Masaryk University, Brno

Ph.D. student
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