Lexical Determinants of Legitimacy Under Constitutional Law Cover Image

Leksykalne uwarunkowania legitymizacji na podstawie prawa konstytucyjnego
Lexical Determinants of Legitimacy Under Constitutional Law

Author(s): Paweł M. Nowotko
Subject(s): Constitutional Law, Lexis, Semantics, Philosophy of Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: Legitimization; legitimacy; definition; lexical meaning; constitutional law;

Summary/Abstract: The semantic analysis of the term “legitimisation” is a particularly major issue, because determining the understanding of this term has a fundamental meaning for further considerations of such important issues as the legitimisation of the power, the judiciary or the systemic position of a judge. In the doctrine of the constitutional law there are lacks in-depth semantic analyzes that would allow a precise explication of what lawyers think when they use the term “legitimisation”. Even a cursory analysis of the literature in this field could allow us to draw a preliminary conclusion that when we discuss about this term, in a significant part of the cases considered, there is no reflection on the meaning of the concept of “legitimisation” itself. In this study, author analyzed definitions of this concept, which appears in the dictionaries of the Polish language, and then confronted the established meanings with the understanding of “legitimisation” in the legal and lawyers’ language. In conclusions, author points two basic ways of understanding the term “legitimisation” and proposed to distinguish them by assigning the phrase “legitimacy” to one of these meanings, and “legitimisation” to the other.

  • Issue Year: 32/2022
  • Issue No: 4
  • Page Range: 51-67
  • Page Count: 17
  • Language: Polish