THE RELATIONSHIP BETWEEN LAW
AND POLITICS
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,
while in the second case the autonomy of law is preserved through the
decisions of the highest courts or by other actions taken by lawyers,
intellectuals, associations, organizations, and the public in order to stop
illicit acts of political actors. Law and politics create their own particular
pictures of reality. Sometimes those pictures overlap, sometimes they
differ. Yet, there is something that the law should never include in its
sphere; namely, the differentiation of adversaries according to a purely
political criterion. This leads to a strict separation between “ours” and
“yours”, or, in its most radical expression, to a strict separation between
friend and enemy. When the latter occurs, politics inevitably prevails
over the law, and reduces or damages the autonomy of the rule of law.
I. INTRODUCTION
This article examines some basic characteristics of the relationship
between national and international lawl and politics. The subject is
obviousiy much iuu cumpiex io be deait wiih in aii possibie 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 law2 is
one of the most significant factors that define the limits of politics and
thus contributes to the constructive development of different societies.
