The thesis challenges the established "myth of easy legitimacy" and argues for more cautious attitude toward involuntary social arrangements by shifting the burden of proof in favour of the rigorous individual rights. Any State action shall be held for impermissible unless it is shown to be unavoidable - beyond reasonable doubts. With the assumption of existence of individual rights as a starting point, the thesis inquires into the attempts to derive State's legitimacy from individual rights. Finding this task virtually impossible, it comes to the conclusion that the only way how to legitimize the State is to compromise the individual rights somehow. Yet, to maintain some meaning of the rights, this compromise need to be restricted in scope, so the thesis analyses further the meaningfulness of "necessary and proper" provisos and the notion of "ideology" as a factor driving collective action and as the ultimate check of the State's power.
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:297029 |
| Date | January 2010 |
| Creators | Gregárek, Matěj |
| Contributors | Kysela, Jan, Maršálek, Pavel |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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