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Functional Analysis of Values and Axioms in Constitutional LegalArgumentation
Horák, Filip ; Antoš, Marek (advisor) ; Reschová, Jana (referee) ; Sobek, Tomáš (referee)
Functional Analysis of Values and Axioms in Constitutional Legal Argumentation Abstract The present dissertation thesis deals with the use of values and axioms in constitutional legal argumentation. Its aim is to provide a theoretical and analytical framework for the study of this issue based on the functional rather than content perspective. Thus, the work focuses not on what the examined individual constitutional values, i.e., equality, freedom, justice, and dignity, mean substantively, but rather on the way in which these constructs are used in constitutional legal argumentation. This approach, in contrast to the content approach, makes it possible to look at the researched issues in a universal way, and thus leads to generalizable conclusions, independent of the specific cultural, historical, political, or ideological context of individual states or regions. Said theoretical and analytical functional framework works with three criteria (variables), namely content width, argumentative power, and applicability before courts, whereby it can classify any occurrence of any of the four analyzed constructs in constitutional legal argumentation as one of three basic or one of eleven hybrid functions. The basic functions are a) relative individual law, b) objective value, and c) source of human rights. The...
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