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Proconstitutional Interpretation of Criminal Law - Krzysztof Szczucki

Proconstitutional Interpretation of Criminal Law

By: Krzysztof Szczucki, Piotr Sitnik (Translator)

eBook | 1 December 2016

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Underlying the research for the purposes of this book were one basic assumption: transposing legal articles to behavioral norms, suitable in given circumstances and capable of resolving a problem, in this case from the realm of criminal law is difficult. This difficulty pertains not only to citizens, who cannot avail themselves of professional tools of interpretation of legal texts, but also to practitioners and academics, arguing over the correct construction of a regulation. It may be that criminal law – all its convoluted structure, overloaded with dogmatic principles – will never be understandable for average citizens. Nonetheless, it seems to be worthwhile to seek a platform for understanding, and a model for reacting to a dynamically changing social reality with its core and less fluid values. The method of finding moral clarity in criminal law is the proconstitutional interpretation. The perception of a constitution, an observation which concerns mainly democratic states, as a source of information about values of fundamental and integrating importance to a policy, led to a method of reconciling criminal law with those values within the constitution. Approaching a constitution as a source of information about values, as a matrix within which there exists a catalog of the most important values, without the need to reach beyond the system of positive law, makes this supposition acceptable also for those practitioners and academics who prefer a systemically imminent approach. The proposed scheme allows authorities responsible for forming and enforcing the law to take into account those values that play a significant role in social life. At the same time, it continues to embrace principles of legal reasoning, a safeguard against going into considerations reaching beyond the legal system. Not only may the method espoused in the book become applicable and, at least to some extent, adopted in Poland, but in other constitutional democracies as well.
Industry Reviews
Proconstitutional Interpretation of Criminal Law is a timely and profound legal book, and it will attract readers in a variety of ways. It can, for instance, be read as a presentation of the current streams of legal thinking and penal legislation in Poland to the English-speaking audience; or as a contribution to current debates with respect to criminalization theories both in European and Anglo-American legal theory; or as a practical guide to constitutional review of draft or already enacted criminal offences in any given polity that contains review of laws by a supreme or a constitutional court within their legal system. In a sustained and richly textured argument, Dr. Szczucki makes a strong case for constitutions as crystallizations of the values of a society and that they should test the legitimacy of criminal laws by employing the principle of proportionality content, which is provided by competing constitutional fundamental rights and more concretely by legal goods. This meticulously written study on the legitimacy of criminal law norms is without doubt a significant contribution to the methodology of newly emerging rights-based constitutional analysis of criminal law in democratic societies.
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