Prof. dr hab. Marek Smolak
Adam Mickiewicz University in Poznań
English abstract: The paper analyses the nature of moral reasoning when balancing constitutional rights. The fundamental assumption is the idea that adequate moral reasoning based on the Weight Formula should demonstrate the reasons for adopting specific principles. This demonstration should be rational. Rationality can be achieved by applying J. Rawls’s methods of reflective equilibrium. The above method consists of background theory/approach. I propose to consider two background theories/approaches, namely Dworkin’s idea of integrity and the concept of the rule of law formulated by O. Raban. My aim is to argue that the latter is more accurate for moral reasoning when balancing constitutional rights than the former because it helps us to rationalize the broadly understood process of taking judicial decisions.
Keywords: Weight Formula, reflective equilibrium, moral reasoning, Ofer Raban
Published: Number 1(10)/2015, pp. 89-96
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