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Korene myšlienky právneho štátu a ich
ukotvenie v dobovom politickom, spoločenskom a vojenskom kontexte
Cultural and Social
Roots of the Idea of Rule of Law
Doc. JUDr. MUDr. Daniel
Šmihula, PhD., Dr.Iur., University of Central Europe in Skalica
Právny obzor, Volume 102, 2019,
No. 3,
pp. 204 – 223.
Published online: 31.8.2021
Abstract. The author
tries to define social and cultural conditions for the formation of the basic
idea of the rule of law concept, which is a limitation of the royal power by the
law. He says that this basic idea arose in England and Scandinavian kingdoms
because here the two main factors weakening the royal power met: a tension
between a secular authority and the church and an outliving tradition of a
military democracy in which a relation between a prince (a military leader) and
his warriors was conditional and contractual. On the contrary, a Roman idea of
an unrestricted authority of emperors was weak in these lands. A development of
legal and philosophical thinking helped to describe such a situation also from a
theoretical point of view. An original struggle between nobility and commons
defending legal restriction of royal authority and – on the opposite side -
monarchs stressing their own sovereignty and superiority over law continues also
today – in a discussion on mutual relations between the State and citizens.
Key words: rule of law,
monarchy, estates of the realm, freedom, ius resistendi, church
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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