NIEZAWISŁOŚĆ SĘDZIOWSKA A WYKŁADNIA FUNKCJONALNA
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Date
2007
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
JUDICIAL INDEPENDENCE AND FUNCTIONAL INTERPRETATION
Abstract
The author takes up the issue o f judicial ethics, and in particular, he analyses the influence of the
jurisdiction of constitutional courts on the fundamental principle that a judge makes a sovereign and
independent decision. This concerns a situation in which, by way of functional interpretation, judges
amend the statutory norm that determines the manner in which certain goods are distributed. The
basic ethical problem arises when the grounds for the rejection of a clear result of linguistic
interpretation adopted by the judges gives rise to serious doubts as to its adequacy in the light o f the
adopted assumption of the axiological rationality of the legislator. This, in consequence, may lead to
a suspicion that the court that has decided in a given matter followed an opinion o f a certain social or
political group.
In the author’s opinion, in matters concerning the distribution of goods that could not be
politically resolved on the parliamentary forum, or in cases where parliamentary inaction might put
the citizens’ welfare at risk, a change in the statutory norms of the distribution of goods performed by
the court by rejection of a clear result o f linguistic interpretation, in a situation o f a dispute regarding
the assumptions of the axiological rationality of the legislator is acceptable, and the described
behaviour does not infringe the basic ethical obligation of a judge to make a sovereign decision.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 68, 2006, z. 4, s. 27-34.
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ISBN
ISSN
0035-9629