In identifying legal guarantees aimed at ensuring the social level of the individual, which is significantly created by the constitutional social rights expressed by statutory legislation, we face problems of interpretation of the definition of basic human right and freedom. The Constitution of the Slovak Republic associates this concept in practice only with the fundamental rights and freedoms of the “first generation”. As well as relative and accessorial nature of constitutional social rights are based mainly on the formulation of the Art. 51 Paragraph 1 of the Constitution of the Slovak Republic, they don´t guarantee a sufficient level of social assurance of an individual. The above mentioned is a serious deficiency in relation with the purpose of social rights, which is to ensure a reasonable degree of individual freedom through equality in material guarantees. Despite the lower legal availability of the essence of social rights within all the application or enforceability of (constitutional) social rights of an individual, it cannot be considered as a refusal of rights pertaining to an individual (citizen). The state is obliged to ensure and provide guarantees ensuring social level of the individual and it is through respecting the principles of the Rechtsstaat in its established and regulated legal environment. Full respect of the constitutional principles of Rechtsstaat eliminates illegitimate interventions in social-legal status of an individual, which, by their intensity, would fundamentally change the quality level of the individual’s status. Analysis of the decisions of the Constitutional Court of the Slovak Republic is apparent insufficient to ensure a balance between the principle of equality and the principle of certainty. Finally, the state is obliged to comply with the non-excludable (special) economic dimension of the real individuals’ access to their constitutional social rights via state resources, which in accordance with Art. 55 Paragraph 1 of the Constitution of the Slovak Republic are created within a market economy based inter alia on the social principles.
“Social capital” has nowadays become a fashionable term, as well as a tool of the theoreticians trying to describe certain consequences of social changes within civil societies and then to apply it as an indicator of stability, social cohesion, integrity, solidarity and cooperation. The author of this study deals with the genesis of the concept, starting with the specific historical moment of its first application up to the contemporary Czech and Slovak enriching way of viewing the subject. In connection with the genesis of the concept the author outlines three main representatives - Bourdieu, Coleman and Putnam - who by means of their researches contribute to its formation most markedly. He also tries to map the general characteristics of this concept - to aptly express its definition, nature, role and function. The author as well pays attention to the causal connections of the concept formation and to its subsequent application, stressing the questions of relevance and significance of the whole concept. In conclusion, the author focuses on the critical-reflexive view of the subject matter and on the finding of adequate approaches that would enable an optimal accumulation and cultivation of “social capital”. The author, inspired by an approach developed by Czech historian D. Třeštík and by his terminological enrichment of the topic, comes to the conclusion that the term and concept themselves do have their justification and are relevant objects of analysis.
The protection of social rights is offered by general courts and by the Constitutional Court. The Constitutional Court offers this protection through the proceedings on compliance of the legal regulations, and in individual cases in proceedings on constitutional complaints. The constitutional limits of the protection of social rights are on one side given by the generally binding constitutional principles of the functioning of the state defined in the Constitution, by which the Slovak Republic is bound, on the other side they are also considered as the limits of the scope of social rights contained in legal regulations that govern social rights.
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Based on empirical findings of the ISSP survey the study analyses public perception of rights in democracy, satisfaction with how the democracy works, and external and internal efficacy. Some results are compared in time. The paper conceptualizes the satisfaction with democracy as satisfaction with good governance; furthermore it explores what are the main factors which influence satisfaction with democracy. The author concludes that Slovak citizens give preference to the social rights whereas the political ones (including participation) are perceived as less important. The external efficacy (responsiveness of political elites, level of corruption, fairness, impartiality etc.) has stronger explanatory power than internal efficacy in regard to democracy satisfaction. On the other hand the internal efficacy (interest in politics, cognitive understanding, participation potential etc.) has declined during last nine years.
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