Ještě jednou k otázce pozitivního a "nadpozitivního" práva
Ještě jednou k otázce pozitivního a "nadpozitivního" práva

Summary/Abstract: This article by Vladimír Klokočka responds to JUDr. Jan Spáčil's critique of Klokočka's previous work on positive and "super-positive" law. Klokočka acknowledges Spáčil's shift from traditional legal positivism to a modern post-war approach, aligning with Gustav Radbruch's conclusions on the failures of pre-WWII legal positivism. The article discusses the concept of "super-positive" law, which is seen as superior to positive law and rooted in post-war German constitutional law. Klokočka argues that natural law, as part of a democratic legal state, should be applied directly, even if not explicitly defined in legal terms. He emphasizes that fundamental democratic principles and human dignity cannot be fully positivized and must be interpreted philosophically and sociologically. Klokočka also critiques Spáčil's view that natural law becomes valid only when it takes the form of positive law, arguing that natural law principles inherently limit state power. The article concludes by stressing the importance of integrating political principles into constitutional law to ensure the legitimacy and stability of a democratic legal state.

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