MOŻLIWOŚĆ KONSTRUOWANIA OGÓLNEJ TEORII ZASAD PRAWA UWAGI DO KONCEPCJI ROBERTA ALEXY’EGO
Date
2007
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Wydział Prawa i Administracji UAM
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THE POSSIBILITY OF CONSTRUCTING THE GENERAL THEORY OF LEGAL PRINCIPLES. REMARKS ON ROBERT ALEXY’S CONCEPTION
Abstract
Since the middle eighties o f the 20th century Robert Alexy has consistently developed the
conception of legal principles. That conception, despite its initial ancillary function in respect of the
theory of constitutional rights that he worked on, very soon proved of major importance as its basic
theses applied to all norms o f conduct which belong to a legal system and have been defined as
principles.
There two types o f factors that have decided about the universal nature of this conception. They
are (1) the approach that looks at legal principles as optimisation commands which formulate an
obligation to carry out a certain state o f affairs to the highest degree in the existing actual and legal
circumstances, and (2) the procedure of balancing the principles, which is a formalised expression of
solving of the, inevitable in the system, collision o f principles.
Although Alexy has not as yet articulated clearly that a general, not only a particular, theory of
principles could be built on the basis o f his work so far, it seems justified to believe, having in mind the
advanced stage of the already existing conception, and, what is more, its practical usability in areas
beyond constitutional law, that sound foundations on which this conception could be grounded
already exist.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 69, 2007, z. 2, s. 11-28.
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ISBN
ISSN
0035-9629