SĄDOWNICTWO KONSTYTUCYJNE A AUTONOMIA PRAWA WOBEC POLITYKI
Loading...
Date
2003
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
THE CONSTITUTIONAL REVIEW AND THE AUTONOMY OF LAW BEFORE POLITICS
Abstract
The paper argues that the impact of the constitutional review on the autonomy of law
before politics are closely connected with the way judges understand the rule of law, especially
the rules of division of power and the rules of judges being bound by statute. The way judges
understand the rule o f law, including the rules of division of power, is a political act, since
judges’ decisions, just like other political decisions, can encounter choices between various
options that are good but none of which is better than the others. The degree of extensiveness
of this autonomy of law before politics depends on the accepted concept of rule o f law.
The paper also affirms the role of rational practical discourse as a procedure of testing evaluative
statements by the way of an argument for quaranteeing the autonomy of law before
politics by the constitutional review.
Description
Sponsor
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 65, 2003, z. 1, s. 13-22