Copyright (c) 2009 Annual Survey of International & Comparative Law
Golden Gate University School of Law
ARTICLE: THE RELATIONSHIP BETWEEN LAW AND POLITICS
GOLDEN GATE UNIVERSITY SCHOOL OF LAW: ANNUAL SURVEY OF INTERNATIONAL & COMPARATIVE LAW
15 Ann. Surv. Int'l & Comp. L. 19
Dr. Miro Cerar*
This article examines some basic characteristics of the relationship between national and international law 1 and politics. The subject is obviously much too complex to be dealt with in all possible aspects here; however, some fundamental issues of theoretical and practical, importance are presented with special emphasis. For example, there is an argument to be made that certain checks and balances between law and politics are critical for the relatively peaceful and value-positive (constructive) development of mankind and democratically organized societies. The relatively high level of the autonomy of modern law 2 is one of the most significant factors that define the limits of politics and thus contributes to the constructive development of different societies.
II.STARTING POINT PERSPECTIVES ON THE RELATIONSHIP BETWEEN POLITICS AND LAW
Law and politics as social phenomena are two emanations of the same entity (a monistic ontological conception), regarding which their separate existence is only a consequence of a human dualistic or pluralistic perception of the world (a dualistic ontological conception). Furthermore, the difference between law and politics is, from a deeper ontological perspective, in fact only illusory, for reason of which also in the fields of legal and political theory and philosophy there are conclusions regarding the partial or complete overlapping of law and politics, sometimes even the equating of the two that raises a crucial question of how both notions are defined. Regardless of such findings, the distinction (i.e. consciously persisting in a distinction) between law and politics at the current level of ...
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