Publication details
Základní lidská práva a svobody ve veřejné správě - skutečnost nebo fikce?
| Title in English | The Fundamental Human Rights and Freedoms in Public Administration - Reality or Fiction? |
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| Authors | |
| Year of publication | 2013 |
| Type | Article in Proceedings |
| Conference | Hodnotový systém práva a jeho reflexia v právnej teórii a praxi, I. diel |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | power - human freedom - reproduction of society - institutions - fundamental rights and freedoms - justice - jurisprudence and administrative science |
| Description | Searching for the answer to the cardinal question of reality of fundamental rights and freedoms in public administration the article mentions first of all the importance of the concept of power or the executive power and its structure for comprehension of the connection between the rights and freedoms in question and the public administration. The importance of the concept of power is considered in the connection of the reduction of society and the behaviour of individual or with the restriction of its freedoms by the power with the view to securing the reproduction of society and thereby of himself. The brief analytical view on the “institutions” the growth of which, awakened by the failure of spontaneous mechanisms (“the invisible hand of the marked”) enabled to solve some issues and at the same time brought new issues to be solved follows. Appropriate space is dedicated to the concept of “fundamental rights and freedoms” and the opinions on it. Inter alia it is stated that neither in the “postulate” layer, nor in projection of the rights and freedoms to the life of society and public administration it is impossible to perceive them uncritically. The general introduction to the related question of justice is followed by a demonstration of its real state via examples of Czech public administration. In spite of the joyless findings the article does not end pessimistically. It strives to outline the potentials of jurisprudence or administrative science connected with the research into the questions of justice inter alia in public administration. |