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Between politics and law : the problem of "politicization" the creation of law

Tyt. zeszytu: Polityczność nauki prawa i praktyki prawniczej

Streszcz. art. w jęz. ang.

The purpose of this article is to analyze the phenomenon of “politicization” of the law making process. A strong form of politicization is the political instrumentalization of law when the law is treated as the implementation of particular interests of the political power; when is created in violation of the legality of the law-making activities; when it violates the rights of individuals (human rights). The weaker but more common form of politicization the creation of law is related to the violation by a political authority, legislative body, additional restrictions imposed on it, which are supposed to guarantee a high level quality of the law. Three of the most characteristic limitations will be the basis for analyzing the phenomenon of politicization of law making. They are related to: the legitimization of law-making, the democratization of law-making process, and the standards of legislation that are characteristic of lawmaking in a democratic state under the rule of law. To some extent, these phenomena are interconnected, one can say that they are involved in shaping the pattern of the proper legislation by preventing or reducing the politicization of the lawmaking process and its key decisions

Wydawnictwo Uniwersytetu Wrocławskiego

10.19195/0137-1134.110.9

PAd P 101660 II

Acta Universitatis Wratislaviensis. Przegląd Prawa i Administracji, ISSN 0137-1134. T. 110 (2017), s. 115-132

Czasopisma Naukowe w Sieci (CNS)

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