KOMPETENCJE ZAWODOWE SĘDZIÓW A INSTYTUCJONALIZACJA PARTYCYPACJI SPOŁECZNEJ W WYMIARZE SPRAWIEDLIWOŚCI
JUDGES’ PROFESSIONAL COMPETENCIES AND THE INSTITUTIONALIZATION OF SOCIAL PARTICIPATION IN THE JUDICIAL SYSTEM

Summary/Abstract: The purpose of the article is to determine the relationship between judges’ professional competencies as special kind of capabilities and the development of institutions of civic participation, as well as the protection of third-generation, public positive-participatory rights. This paper is divided into two parts. The first part presents the elements of so-called judge’s competence ‘triad’ to demonstrate that reflexive competence formation is a necessary condition for full participation in contemporary legal practice, and for developing the ideal of inclusive community. Next, an attempt is made to verify the thesis that participatory democracy institutions create optimal conditions for the use of judges’ competencies in the processes of citizens’ empowerment. The capabilities approach has been most widely adopted in deliberative democracy theory. Therefore, the philosophical and legal justification of the relationship between the professional competencies of lawyers and the idea of social participation should be sought on the basis of discourse theory.

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