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About Voluntarism, Instrumentalization, and Responsibility for the Law

100%
Wronkowska S.
Constitutional Review
|
2019
|
issue 1
PL
The main thesis of this paper is as follows: the content of the law is influenced (albeit to a different degree) by the law-maker, the interpreter and the leading legal doctrine. Activities of each of these entities are directed at producing certain outcomes. Each of them may bring about politically instrumental outcomes in the realm of law. Such acts can be exemplified in recent years in Poland by re-interpreting the Constitution, instrumental approach to the rules of legislation and the views espoused by the servile doctrine of law.
2
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On the peculiarity of the interpretation of the constitution. Additional notes

100%
Wronkowska S.
Constitutional Review
|
2018
|
issue 1
PL
The article puts forward a thesis that the peculiarity of the interpretation of the constitution is determined by two different factors: the properties of the constitutional text and expectations towards the constitution. The most difficult task of the interpreter is to recreate the norm of legislative competence from the constitutional text. This task consists in reconstructing all the instruments necessary to make a specific legislative decision and to perform an act of its control. These decisions, on the other hand, are acts of applying the law made with the use of mentioned instruments, and are not interpretive acts.
3
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Kilka tez o instrumentalizacji prawa i ochronie przed nią

100%
Wronkowska S.
Przegląd Prawa i Administracji
|
2017
|
vol. 110
107-112
EN
Using the concept of instrumentalisation of law developed in Polish jurisprudence, the author of the article: — points out that the instrumentalisation of law can be attributed to various entities: the legis­lator, those interpreting the provisions of law, those applying the legal norms as well as the authors of the legal doctrine; — distinguishes forms of instrumentalisation by each of these entities; — points to dysfunctional acts of instrumentalisation; — demonstrates some mechanisms counteracting the instrumentalisation of law, mechanisms that are to be found in the very concept of law as developed in Western culture.
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