Legislative drafters in the trap of the political

Abstract

This article delivers an analysis of legislative drafters’ status and role through the category of the political, excerpted from the work of Chantal Mouffe. The special point of interest presented in the con-ducted study is the relationship between legislative drafters and the legislator, influences of the Political on the position and possible actions of legislative drafters during enacting the law and the ability of the legislative drafters’ to resist the Political forces included and engaged in the entire legislative process. The Polish system of lawmaking serves as an example that demonstrates which factors and circum-stances, having a political origin, entail the construction of a so-called political trap for legislative drafters. The main statement in the paper is that susceptibility of legislative drafters to the impacts of political forces remains beyond their control, contrary to the representatives of the legislator, although legislative drafters are also actors in numerous stages of the creation of the law.