Argumenty i rozumowania prawnicze w konstytucyjnym państwie prawa: Komentarz

Abstract

LEGAL ARGUMENTS AND REASONING IN THE CONSTITUTIONAL LAW-GOVERNED STATE: THE COMMENTARY The interdisciplinary research on legal argumentation presented in this volume, entitled Legal Arguments and Reasoning in the Constitutional Law-governed State: The Commentary (edited by Monika Florczak-Wątor and Andrzej Grabowski), is primarily inspired by the theory of constitutional law-governed state developed in Italy, Spain, and Latin American countries, by scholars proposing doctrines of positivist or postpositivist constitutionalism and neoconstitutionalism. As explained by Andrzej Grabowski in the “Introduction” [pp. 23–29], the theory is focused first and foremost on legal reasoning as it is conducted in the process of judicial law application and with particular stress on how it is affected by constitutional norms and values. Legal theory on its own does not seem to possess sufficient means to examine legal reasoning in constitutional law-governed states adequately—such an endeavour might be done far better with the help of dogmatics of constitutional law. Hence, this commentary on 91 arguments, topoi, and legal reasoning schemata result from the research team’s joint efforts composed of 18 legal theorists and constitutionalists.