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KRITICKÉ REFLEXIE MATERIÁLNEHO JADRA ÚSTAVY

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Neumann J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2018
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vol. 101
|
issue 4
361 – 371
EN
The author aims his attention in the text to the conception of the material core of constitution. He evaluates critically (dis) interpretation of circumstances of beginning of this theory. The first part of the text is dedicated to the misleading belief about the stability role of this theory by its adoption to the constitutional system of Slovak Republic. In the case of the objective theory, there is a critic of the effort of returning iusnaturalism components to the (constitutional) law. The author tries to point at possible danger of its misuse by the antidemocratic movements in the society. The second part of the text concerns with concrete solutions how could be this theory compensated without its main negatives.
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