Krytyka Prawa. Niezależne Studia nad Prawem

Integralność sędziego z perspektywy jurysprudencji cnót

Soniewicka, Marta

Uniwersytet Jagielloński w Krakowie

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Abstract

The paper analyzes the concept of integrity of a judge from the perspective of the virtue jurisprudence. There are the judicial virtues specified and described, including integrity as one of the elements of the virtue of justice. Subjective and objective integrity are distinguished, as well as personal, professional and institutional integrity. Integrity of a judge is understood as personal integrity combined with professional integrity and also institutional integrity in which values and aims of the profession are taken into account. Virtue jurisprudence does not provide clear directives for solving legal disputes but it emphasizes the necessity of referring to the dispositions of a judge in order to understand fully the process of judgment. On the grounds of virtue jurisprudence, the integrity of a moral subject if assumed which provides the foundation for trust in the profession of judge and does not allow for the separation of social roles, assuming the possibility of reconciling them with the use of prudence. The problem of conflicting virtues, namely integrity and impartiality in the context of judicial review is discussed on the example of the judgment of the Polish Constitutional Tribunal of October 22, 2020, K 1/20 which illustrates judicial activism. The considerations concerning this example bring about the conclusion that in the most controversial political and moral disputes, political prudence suggest the direction of the virtue of judicial restraint due to deference of democracy and the division of powers.

Metadata

Journal Krytyka Prawa. Niezależne Studia nad Prawem 
Volume 13 
Issue 3 
Issue date 10/2021 
Type Article 
Language eng
Pagination 81-98
DOI 10.7206/kp.2080-1084.473
ISSN 2080-1084
eISSN 2450-7938