Pro-Constitutional Interpretation of Statutes. A Few Remarks Related to the Dispute about Judicial Activism
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Date
2021
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Wydawnictwo KUL
Abstract
The article presents an opinion in the discussion on the limits of judicial activism. The active attitude of judges in the law-making process according to the so-called concept of ‘pro-constitutional interpretation of the law’ can be observed more and more often. While we may agree with the view that the role of a judge is to pronounce a fair verdict based on the applicable law and judges may give meaning to statutory provisions supplemented with an axiology of the Constitution, the problem appears with particular sharpness when such a pro-constitutional interpretation leads to a specific application of the provisions contra legem.
Description
Keywords
judicial activism, limits of legal interpretation, pro-constitutional interpretation of statutes
Citation
"Review of European and Comparative Law", 2021, T. 46, nr 3, s. 93-107