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VIAZANOSŤ ŠTÁTU VLASTNÝM PRÁVOM

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Bárány E.
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 6
567 – 581
EN
The obligation of a state to respect its own law is a key tenant of concepts of Rechtsstaat and rule of law. It contains an element of circularity, because it means the application of law on its creator, the state. The article analyzes this example of circularity using the concept of law as an autopoietic system elaborated particularly in the Works of G. Teubner. The presupposition of meaningful application of majority of circularity forms is redefinition of law as a social subsystem. Circularity is found on the level of “great systems” of law and “state”, but only in a very limited extent in relations between individual legal rules and public authorities. The operate closeness of law as an autopoitic system id broken by content of legal system and especially by its values.
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