Some reflections on the State Science and constitutional term "People"

Kód výsledku v IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216208%3A11220%2F23%3A10473451" target="_blank" >RIV/00216208:11220/23:10473451 - isvavai.cz</a>

Výsledek na webu

<a href="https://verso.is.cuni.cz/pub/verso.fpl?fname=obd_publikace_handle&handle=9iLp2cz7JF" target="_blank" >https://verso.is.cuni.cz/pub/verso.fpl?fname=obd_publikace_handle&handle=9iLp2cz7JF</a>

DOI - Digital Object Identifier

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Jazyk výsledku

angličtina

Název v původním jazyce

Some reflections on the State Science and constitutional term "People"

Popis výsledku v původním jazyce

This article is devoted to considerations of what the term &quot;people&quot; means within constitutional law and science of state. it is typical feature of constitutional law as a legal discipline that it does not itself define the terms it uses. either it leaves their definition to the implementing laws, or this service is rendered to it by doctrine in the form of typically science of the state, or in some cases the necessary interpretation is provided by the decisions of the courts, typically the Constitutional Court or the Supreme Court. The term &quot;people&quot; is subject to doctrinal interpretation. However, even this is far from uniform. the present article demonstrates many of the paradoxes that anyone dealing with the concept of &quot;people&quot; will encounter. the view that the people, who are the source of power, are the citizens of the state is highly formalistic. It does not consider that many citizens of the state are completely passive and do not influence public life in any way. On the contrary, it excludes foreigners living in the territory of the state and participating in the shaping of public life. And it ignores the fact, that exercising many of the political rights granted to everyone could be more influential than using the individual right to vote. even in the case of a formalistic interpretation based purely on citizenship, other issues need to be resolved. Are citizens who do not (yet) have the right to vote part of the people? And are citizens who permanently live abroad and who, for example, have never visited the territory of the state and do not share its fate part of the people? The author inclines to the view that foreigners who share the destiny of the state together with the citizens and participate in its maintenance should also be considered part of the people. They should be given access to the right to vote.

Název v anglickém jazyce

Some reflections on the State Science and constitutional term "People"

Popis výsledku anglicky

This article is devoted to considerations of what the term &quot;people&quot; means within constitutional law and science of state. it is typical feature of constitutional law as a legal discipline that it does not itself define the terms it uses. either it leaves their definition to the implementing laws, or this service is rendered to it by doctrine in the form of typically science of the state, or in some cases the necessary interpretation is provided by the decisions of the courts, typically the Constitutional Court or the Supreme Court. The term &quot;people&quot; is subject to doctrinal interpretation. However, even this is far from uniform. the present article demonstrates many of the paradoxes that anyone dealing with the concept of &quot;people&quot; will encounter. the view that the people, who are the source of power, are the citizens of the state is highly formalistic. It does not consider that many citizens of the state are completely passive and do not influence public life in any way. On the contrary, it excludes foreigners living in the territory of the state and participating in the shaping of public life. And it ignores the fact, that exercising many of the political rights granted to everyone could be more influential than using the individual right to vote. even in the case of a formalistic interpretation based purely on citizenship, other issues need to be resolved. Are citizens who do not (yet) have the right to vote part of the people? And are citizens who permanently live abroad and who, for example, have never visited the territory of the state and do not share its fate part of the people? The author inclines to the view that foreigners who share the destiny of the state together with the citizens and participate in its maintenance should also be considered part of the people. They should be given access to the right to vote.

Druh

J_imp - Článek v periodiku v databázi Web of Science

CEP obor

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OECD FORD obor

50501 - Law

Projekt

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Návaznosti

I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Rok uplatnění

2023

Kód důvěrnosti údajů

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Název periodika

Logos

ISSN

0868-7692

e-ISSN

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Svazek periodika

2023

Číslo periodika v rámci svazku

117

Stát vydavatele periodika

LT - Litevská republika

Počet stran výsledku

10

Strana od-do

65-74

Kód UT WoS článku

001167915100007

EID výsledku v databázi Scopus

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