Sławomira Wronkowska
Przegląd Konstytucyjny, Numer 1 (2019), 2019, s. 5 - 23
About voluntarism, instrumentalization, and responsibility for the law
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.
Sławomira Wronkowska
Przegląd Konstytucyjny, Numer 1 (2018), 2018, s. 12 - 25
On the peculiarity of the interpretation of the constitution. Additional notes
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.