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1

ODSTRAŇOVANIE KONTRADIKTÓRNOSTI NORIEM V APLIKAČNEJ PRAXI A DOKTRÍNA RACIONÁLNEHO ZÁKONODARCU

100%
Hodás 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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2011
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vol. 94
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issue 4
365 – 377
EN
Communication in general and the problem of understanding legal norms in particular is a complex process that can be explained by Frege’s semantic triangle as the relationship between objective reality, world of ideas and linguistic sphere. We are witnessing a growing number of laws, which are characterized by low quality and often incoherence, and even contradiction. This situation would seem necessary to use the interpretative doctrine of the rational law-maker, which consists of projecting rationality on the law-maker, respectively on legal norm created by him. This way is eliminated interpretative methods, which would lead to absurd results or contradictory results. At the same time it is created potential for greater credibility of law, increased coherence of law and effectiveness of legal norms. The article refers to the related jurisprudence of constitutional courts of the Slovak Republic, the Czech Republic and Poland.
2

PRINCÍP VIAZANOSTI PRÁVOM A VEREJNÁ SPRÁVA

84%
Maslen 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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2015
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vol. 98
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issue 1
22 – 40
EN
The legislation may vest the public administration with the power to exercise discretion. Jurisprudence stresses, that the power of discretion should be used in the minimum, as there is the risk of arbitrariness. Judicial law stresses that the public administration must not expand its discretion over the conditions established by law. When using the discretionary power the legal certainty and predictability of the actions of public administration must preserve. Otherwise the public administration would act arbitrarily. Therefore the question arises - in what extent and how are the public authorities bound by law, when exercising their discretionary power? The possible conclusion may define the power of administrative authority in connection with the scope that has been vested to it by law. The scope of administrative authority includes the extent of the relations that is administrated by the authority. The power of authority expresses the way the authority administrates this extent of relations. The most important conclusion is that the power of authority may interfere with the fundamental rights and freedoms only under the law. In this respect the exercise of authority’s power corresponds to the requirements of the Article no. 1 and Article no. 2 Paragraph no. 2 of the Constitution of the Slovak Republic.
3

POVINNOSŤ PARLAMENTU PRIJAŤ ZÁKON?/!

84%
Balog B., Trellová L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2012
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vol. 95
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issue 1
25 – 43
XX
The paper analyzes the status of the Parliament in connection with the examination of the existence or absence of its obligation to adopt the law in situations that are analyzed in this paper. It is a question of obligations of the Parliament to adopt laws, if based on a valid referendum give citizens order to the Parliament for the adoption of such legislation, which reflect the results of a valid referendum into a law. Furthermore, it is effect of so called positive commitment of State which, under the authors‘ opinion in a material Rule of Law constitutes an obligation of the Parliament to adopt a law whether laws that would fill and guarantee constitutional rights and freedoms which, by their nature require an adjustment in the form of law. Finally, it is the adoption of laws as a result of implementation of legally binding acts of the European Union. Despite of the absence of constitutional sanctions for the fulfillment of the obligation of the Parliament to adopt the law, the authors express their opinion that in these cases arises for the Parliament the obligation to adopt the law. For a valid referendum at the same time the authors suggest the possible constitutional sanction, namely the dissolution of the Parliament.
4

VZŤAH SLOBODY, BEZPEČNOSTI A PRÁVNEHO ŠTÁTU (INTER ARMA SILENT LEGES)

84%
Hodás 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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2013
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vol. 96
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issue 3
201 – 221
EN
Security risks of today, terrorism, these are the factors that lead to breaching the traditional legal guarantees of the individual and to change of perception of human rights. The author deals with the thesis that the state must guarantee human rights, but in the effective elimination of security threats is forced to violate them. Against the background of the historical development of human rights and in the context of the philosophical concepts of relationship of the state and individual, relationship of freedom and security by Thomas Hobbes, John Locke and Immanuel Kant, the author seeks to clarify the function of human rights and the risk of breaching them. Guarantees of the freedom of individual are a response to impending dangers. Violation of human rights means loss of legitimacy of the state action. Security measures are often overreaction of state. We should not stop the effort to take the human as a purpose not means.
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