Publication at Faculty of Law |
2022
Abstract
This article deals with the right to resist and the concept of defending democracy from the perspective of the legal order of the Czech Republic. First, the idea of the people's right to resistance is defined, then the right to resistance is introduced in the Czech legal system.
Attention is also drawn to the relationship between the material core of the constitution and the people's right to resist. The second part of the paper is devoted to the issue of the concept of defending democracy, where I focus on the basic dilemma of whether a democratic state governed by the rule of law can restrict fundamental rights and freedoms, as well as the allegations that are raised against this concept