Sprawowanie wymiaru sprawiedliwości a autonomia prawa wobec polityki
Administration of justice and the autonomy of law in relation to politics
Author(s): Dawid LewandowskiSubject(s): Politics and law
Published by: Uniwersytet im. Adama Mickiewicza w Poznaniu
Keywords: administration of justice; judicial independence; legal autonomy; politics; separation of powers
Summary/Abstract: The article examines the relationship between the autonomy of law and the influence of politics on the functioning of the justice system within a democratic order. The aim is to determine the extent to which it is possible to maintain a balance between the independence of law and its embeddedness in a socio-political context. The analysis is situated at the intersection of legal theory and current debates, focusing in particular on contemporary disputes surrounding the reform of the judiciary in Poland after 2015. I present functional and ontological approaches to the autonomy of law and identify areas in which politics affects the justice system: the legislative process, judicial appointments, and court financing. I argue that the autonomy of law is not an escape from politics, but rather the ability to set its boundaries.
Journal: Ruch Prawniczy, Ekonomiczny i Socjologiczny
- Issue Year: 87/2025
- Issue No: 2
- Page Range: 209-222
- Page Count: 14
- Language: Polish
