Pro-Constitutional Interpretation of Statutes. A Few Remarks Related to the Dispute about Judicial Activism
The article presents an opinion in the discussion on the limits of judicial activism. The active attitude of judges in the law-making process according to the so-called concept of ‘pro-constitutional interpretation of the law’ can be observed more and more often. While we may agree with the view tha...
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| Format: | Article |
| Language: | English |
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The John Paul II Catholic University of Lublin
2021-08-01
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| Series: | Review of European and Comparative Law |
| Subjects: | |
| Online Access: | https://czasopisma.kul.pl/recl/article/view/12330 |
| _version_ | 1819290289484857344 |
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| author | Hubert Kaczmarczyk |
| author_facet | Hubert Kaczmarczyk |
| author_sort | Hubert Kaczmarczyk |
| collection | DOAJ |
| description | The article presents an opinion in the discussion on the limits of judicial activism. The active attitude of judges in the law-making process according to the so-called concept of ‘pro-constitutional interpretation of the law’ can be observed more and more often. While we may agree with the view that the role of a judge is to pronounce a fair verdict based on the applicable law and judges may give meaning to statutory provisions supplemented with an axiology of the Constitution, the problem appears with particular sharpness when such a pro-constitutional interpretation leads to a specific application of the provisions contra legem. |
| first_indexed | 2024-12-24T03:20:23Z |
| format | Article |
| id | doaj.art-924be3bc66ca44ceb163e703007bd57a |
| institution | Directory Open Access Journal |
| issn | 2545-384X |
| language | English |
| last_indexed | 2024-12-24T03:20:23Z |
| publishDate | 2021-08-01 |
| publisher | The John Paul II Catholic University of Lublin |
| record_format | Article |
| series | Review of European and Comparative Law |
| spelling | doaj.art-924be3bc66ca44ceb163e703007bd57a2022-12-21T17:17:31ZengThe John Paul II Catholic University of LublinReview of European and Comparative Law2545-384X2021-08-0146310.31743/recl.12330Pro-Constitutional Interpretation of Statutes. A Few Remarks Related to the Dispute about Judicial ActivismHubert Kaczmarczyk0Uniwersytet Jana Kochanowskiego w KielcachThe article presents an opinion in the discussion on the limits of judicial activism. The active attitude of judges in the law-making process according to the so-called concept of ‘pro-constitutional interpretation of the law’ can be observed more and more often. While we may agree with the view that the role of a judge is to pronounce a fair verdict based on the applicable law and judges may give meaning to statutory provisions supplemented with an axiology of the Constitution, the problem appears with particular sharpness when such a pro-constitutional interpretation leads to a specific application of the provisions contra legem.https://czasopisma.kul.pl/recl/article/view/12330judicial activism, limits of legal interpretation, pro-constitutional interpretation of statutes |
| spellingShingle | Hubert Kaczmarczyk Pro-Constitutional Interpretation of Statutes. A Few Remarks Related to the Dispute about Judicial Activism Review of European and Comparative Law judicial activism, limits of legal interpretation, pro-constitutional interpretation of statutes |
| title | Pro-Constitutional Interpretation of Statutes. A Few Remarks Related to the Dispute about Judicial Activism |
| title_full | Pro-Constitutional Interpretation of Statutes. A Few Remarks Related to the Dispute about Judicial Activism |
| title_fullStr | Pro-Constitutional Interpretation of Statutes. A Few Remarks Related to the Dispute about Judicial Activism |
| title_full_unstemmed | Pro-Constitutional Interpretation of Statutes. A Few Remarks Related to the Dispute about Judicial Activism |
| title_short | Pro-Constitutional Interpretation of Statutes. A Few Remarks Related to the Dispute about Judicial Activism |
| title_sort | pro constitutional interpretation of statutes a few remarks related to the dispute about judicial activism |
| topic | judicial activism, limits of legal interpretation, pro-constitutional interpretation of statutes |
| url | https://czasopisma.kul.pl/recl/article/view/12330 |
| work_keys_str_mv | AT hubertkaczmarczyk proconstitutionalinterpretationofstatutesafewremarksrelatedtothedisputeaboutjudicialactivism |