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Journal of the Polish Section of IVR (ISSN:2082-3304)

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Instrumentalization of Law and the Constitutional Crisis: Reflection on the Basis of Several Topical Findings of Professor Piotr Winczorek

Dr Marcin Romanowicz

University of Warsaw

English abstract: The instrumentalization of law is one of the most important research issues that belong to the achievements of Professor Piotr Winczorek. Combining the problem of the limits of permissible instrumentalization of law with the issue of the axiology of law, he adopted a non-reductionist position and indicated the autotelic values of law, as well as non-legal values implemented by the legal system as the criteria for assessing acts of instrumentalization of law. Based on careful observation of the legal practice, primarily the actions of the legislature, he proposed a typology of various cases of pathological instrumentalization of law.

A list of individual acts of enacting and applying the law that can be distinguished in the ongoing constitutional crisis in Poland, broken down by the types indicated by Prof. Winczorek, leads to the conclusion that not only is his typology still valid, but it also can be used as an adequate tool for an in-depth description of the ongoing crisis. Moreover, it enables the indication of yet another threat to the legal order, i.e. attempts to instrumentalize constitutional values. In the face of this danger, it is justified to formulate the postulate of giving the constitution an axiological interpretation, the aim of which would be to read a given legal principle in the hermeneutic context of the axiological system from which said legal principle derives genealogically.

Keywords: instrumentalization of law, typology of instrumentalization acts, legal axiology, legal values, constitutional values, legal principles, axiological interpretation of law

Language: Polish

Published: Number 1(30)/2022, pp. 74-90

DOI: https://doi.org/10.36280/AFPiFS.2022.1.74

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This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.

Filed Under: Articles Tagged With: axiological interpretation of law, constitutional values, instrumentalization of law, legal axiology, legal principles, legal values, typology of instrumentalization acts

Instrumentalization of Law in the Context of Memory Policies in Central and Eastern Europe after 1989

Dr Filip Cyuńczyk

University of Wrocław

English abstract: The main goal of the article is to conduct case studies of CEE memory policies introduced after the fall of communism and to present them as an interesting field for examining the instrumentalization of law. The primary research question is: Do several case studies of several memory policies implemented in post-communist states help to examine the theoretical concept of the instrumentalization of law? In this paper, I intend to show the hidden potential of such studies. I present some of the specific elements of new constitutionalization attempts in CEE, which included narratives of memory in several constitutions in the region. I also show their relation to the concept of instrumentalization of law. Finally, I describe some political acts of instrumentalization of law in the field of collective memory.

Keywords: instrumentalization of law, memory policies, collective memory, legal petrification of the past

Language: English

Published: Number 3(21)/2019, pp. 40-50.

DOI: https://doi.org/10.36280/AFPiFS.2019.3.40

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Number of downloads: 207

Filed Under: Articles Tagged With: collective memory, instrumentalization of law, legal petrification of the past, memory policies

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Keywords

accountability Michał Sopiński institutional theory of law legal system legal profession symbolic law qualified legal assistance constitutional pluralism legitimacy Magdalena Glanc ritual electoral campaign court decisions Mariola Żak the research objectives in the legal sciences Maciej Próchnicki Adrian Zając profession of advocate law and politics freedom of the ancient and modern Paweł Kokot Legendre Hart-Dworkin debate regulation of order religion law in film Constitutional Court proportionality behavioural law & economics procedural acts Jedwabne debate Bayes' theorem legal norms rules of interpretation narration natural law principle of proportionality authoritarianism public interest advocate dignity ideological interpellation Leviathan Maurice Hauriou Agnieszka Choduń Spanish law minority rights interpretationism vetting neopositivism deliberativeness

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