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PRÁVO NA ODPOR JAKO ÚSTAVNĚ ZARUČENÉ PRÁVO A JEHO SPECIFIKA

100%
Bartoň M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2019
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vol. 102
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issue 4
303 – 321
EN
The article deals with the right of resistance, especially with the question of the sense (or purpose) of its constitutional anchoring. The right of resistance as a constitutional subjective right cannot be claimed as a legal claim against state, neither in the form of a negative obligation of public authorities to respect such right, nor in the form of a positive obligation to fulfil and protect it. The right to resist has a natural law basis and already appears in early human rights documents. Its purpose is to justify resistance against state power in the case of violation of “social contract”. The question, whether the right to resist was legitimately used is more political or factual question, rather than legal. Constitutional anchoring of the right of resistance has therefore political and moral function and also very strong preventive role, mainly after the experience with totalitarian regimes.
2
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Granice dostępności informacji publicznej w Konstytucji RP i ustawie

100%
Sarota A.
Kontrola Państwowa
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2012
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vol. 57
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issue 6(347)
54-74
EN
The right of access to public information is a public right of political nature, stemming from the constitutional principle of transparency of authorities. Still, there are serious problems regarding the definition of the implementation of this right through the adoption of and later the compliance with the legal regulations in the field. It is especially essential to decide at which point of public authorities’ activity a sufficiently concrete and official effect of their activity appear that can be regarded as a piece of public information that should be made available. This is the question of the so called political space of public authorities, namely the right to intellectual freedom of formulating provisional solutions which do not have to become the basis for a final solution.
3
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Slovenská otázka v Československej republike (1918–1938)

45%
Vašš M.
Moderní dějiny: sborník k dějinám 19. a 20. století (Modern History: Studies into 19th and 20th century history)
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2011
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vol. 19
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issue 2
71-117
EN
The Slovak question during the First Czechoslovak Republic appears to be a structured problem incorporating national, constitutional, economic, social, cultural and geopolitical segments. The national segment consisted mainly in the dilemma of either Czechoslovak national unity or Slovak specificity. The most important phenomenon that pushed the Slovak question in the 1930s to a higher quality level was the completion of the process of formation of the Slovak nation as a modern political entity. The main factors of this phenomenon consisted in positive consequences of the acceptance of democratic and civil principles by the Slovak community. Slovaks' maturing into a modern political nation can be best seen in the fact that while the national awakening in the 1920s was limited to the nation's political elite, in the 1930s the Slovak national and civil consciousness was spreading both horizontally and vertically. In the latter decade, the Slovak nation developed into a political entity, beyond the mere ethnic and linguistic features as it had been the case before. As to the geopolitical segment, Slovakia's role as a geopolitical phenomenon was increasing, particularly in the 1930s when the Nazis came to power in Germany. Within the social segment of the Slovak question the social problems (namely unemployment and the presence of Czech workers) emerged as an important source of anti-Czech nationalism. As to the cultural segment, the Slovak intellectual elite (with some minor exceptions) definitely rejected the attempts of applying the theory of Czechoslovak national unity to Slovak science and culture. The economic aspect meant that Slovakia wanted to equal Bohemia and Moravia in their economic level. An analysis of the Slovak political elite's approaches to the Slovak question shows that in the 1930s actually all Slovak political bodies were dissatisfied with Slovakia's position within the Czechoslovak Republic. As a result, primarily in the 1930s, the Slovak question became a much hotter problem compared to the previous period, mainly due to the fact that in that period of time the process of formation of the Slovak nation as a modern political entity objectively culminated and the dynamism of its formation increased.
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