Relationship Between Law and Politics
Annual Survey of International & Comparative Law
Volume 15 | Issue 1
Article 3
8-30-2010
The Relationship Between Law and Politics
Dr. Miro Cerar
Follow this and additional works at: http://digitalcommons.law.ggu.edu/annlsurvey
Part of the Other Law Commons
Recommended Citation
Cerar, Dr. Miro (2009) "The Relationship Between Law and Politics," Annual Survey of International & Comparative Law: Vol. 15: Iss.
1, Article 3.
Available at: http://digitalcommons.law.ggu.edu/annlsurvey/vol15/iss1/3
This Article is brought to you for free and open access by the Academic Journals at Digital Commons: The Legal Scholarship Repository @ Golden
Gate University School of Law. It has been accepted for inclusion in Annual Survey of International & Comparative Law by an authorized administrator of Digital Commons: The Legal Scholarship Repository @ Golden Gate University School of Law. For more information, please contact jfischer@ggu.edu. Cerar: Relationship Between Law and Politics
THE RELATIONSHIP BETWEEN LAW
AND POLITICS
DR. MIRO CERAR*
ABSTRACT: This article examines some basic characteristics of the relationship between national and international law and politics. The law functions in relation to politics in three basic aspects, namely as a goal, a means, or an obstacle. First, politics can define certain predominantly legal values or institutions as its goal. In this case the political understanding of these values or institutions becomes almost identical to an authentic legal understanding of the same values or institutions.
Second, politics can comprehend the law merely as a means for the fulfillment of certain political interests. In this case politics is neutral in its attitude toward the law. Finally, politics can interpret law as an obstacle on the way toward the realization of certain political goals. In this situation either politics prevails over law, or vice versa. In the first case politics effectuates its solutions at the expense of the rule of law,
Volume 15 | Issue 1
Article 3
8-30-2010
The Relationship Between Law and Politics
Dr. Miro Cerar
Follow this and additional works at: http://digitalcommons.law.ggu.edu/annlsurvey
Part of the Other Law Commons
Recommended Citation
Cerar, Dr. Miro (2009) "The Relationship Between Law and Politics," Annual Survey of International & Comparative Law: Vol. 15: Iss.
1, Article 3.
Available at: http://digitalcommons.law.ggu.edu/annlsurvey/vol15/iss1/3
This Article is brought to you for free and open access by the Academic Journals at Digital Commons: The Legal Scholarship Repository @ Golden
Gate University School of Law. It has been accepted for inclusion in Annual Survey of International & Comparative Law by an authorized administrator of Digital Commons: The Legal Scholarship Repository @ Golden Gate University School of Law. For more information, please contact jfischer@ggu.edu. Cerar: Relationship Between Law and Politics
THE RELATIONSHIP BETWEEN LAW
AND POLITICS
DR. MIRO CERAR*
ABSTRACT: This article examines some basic characteristics of the relationship between national and international law and politics. The law functions in relation to politics in three basic aspects, namely as a goal, a means, or an obstacle. First, politics can define certain predominantly legal values or institutions as its goal. In this case the political understanding of these values or institutions becomes almost identical to an authentic legal understanding of the same values or institutions.
Second, politics can comprehend the law merely as a means for the fulfillment of certain political interests. In this case politics is neutral in its attitude toward the law. Finally, politics can interpret law as an obstacle on the way toward the realization of certain political goals. In this situation either politics prevails over law, or vice versa. In the first case politics effectuates its solutions at the expense of the rule of law,