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Title:

Legislatorzy w pułapce polityczności

Alternative title:

Legislative drafters in the trap of the political

Creator:

Kłodawski, Maciej

ORCID:

0000-0001-9011-3620

Subject and Keywords:

legislative drafter ; legislative counsel ; legislation, lawmaking ; the political

Tags:

public and procedural law

Abstract:

This article delivers an analysis of legislative drafters’ status and role through the category of thepolitical, excerpted from the work of Chantal Mouffe. The special point of interest presented in theconducted study is the relationship between legislative drafters and the legislator, influences of the Political on the position and possible actions of legislative drafters during enacting the law and the ability of the legislative drafters’ to resist the Political forces included and engaged in the entire legislative process. The Polish system of lawmaking serves as an example that demonstrates which factors and circumstances, having a political origin, entail the construction of a so-called political trap for legislative drafters. The main statement in the paper is that susceptibility of legislative drafters to the impacts of political forces remains beyond their control, contrary to the representatives of the legislator, although legislative drafters are also actors in numerous stages of the creation of the law.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2020

Identifier:

ISSN 0137-1134 ; ISSN 0239-6661

DOI:

10.19195/0137-1134.122.9

Source:

PAd P 101660 II

Language:

eng ; pol

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3994. Przegląd Prawa i Administracji 2020, 122, s. 151-167

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Rights holder:

© Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o., Wrocław 2020

wwwDescription:

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