I understand law primarily as the persuasive power of legal arguments. Namely, law is autonomous, that is to say, outside and above the influential field of state interests. No one, not even the legislator, can be above the law. Nevertheless, the lay public and, unfortunately, even public authorities, can be found holding the belief that the will of the majority is above the law and that in the name of legitimate goals it is permissible to sacrifice the idea of law itself.
An instrumental understanding of law, according to which law represents merely the means for achieving legitimate (usually populist) goals in conjunction with the inflation of regulations (overregulation), which create legal uncertainty, is one of the key reasons for the rule of law not functioning. Article 2 of the Constitution of the Republic of Slovenia states, that Slovenia is governed by the rule of law, but in my opinion, the gap between what is enshrined in the Constitution and the true state of the rule of law is (too) large. Pleasantries, various declaratory documents and statistics are insufficient in establishing the rule of law. Concrete actions are needed. Representatives from all branches of government (as well as citizens) must understand, that the rule of law is not something to be taken for granted, something that comes automatically with the adoption of regulations, but that the rule of law is something that must also be exercised and pursued in everyday life. Representatives of public authorities play a key role in this endeavor. They should be held as role models for all citizens through their actions.
In my opinion, (regular and constitutional) judges have a particularly demanding and responsible task with regard to the aforementioned situation. They are the ones who decide on the type of law that shall manifest itself in the real world. If the rule of law which resides in books (law in books) depends primarily on the executive and legislative branches of government, then the true rule of law (law in action), which actually manifests itself and has the greatest influence on people's lives, is primarily dependent on judges. Judges have the authority to say what the law is in each particular case.
Lawyers, as one of the key stakeholders in legal proceedings, can also make a significant contribution to improving the rule of law. Responsible judgment, exercised by attorneys with regard to whether a client has a real chance of succeeding before a court, can also help reduce the backlog of court cases. Unfortunately, more often than not, this assessment seems to be overridden by other (i.e. proprietary) interests. Attorneys play an important role in reminding individuals of their rights and responsibilities. Although the privilege of saying what the law is in a particular case is withheld from attorneys, our arguments can nevertheless be decisive in helping to shape the law that comes to life in real life.
I am convinced, that successful legal counseling and representation requires attorneys and clients to share similar values and views about the state of our community. I can assure you that I will do my best in helping you with your case as if it were my own. I believe that this is the most I can do as an attorney for my client.