Law Above Law: Transcendence, Evidence, and Axiology

This article provides an in-depth philosophical analysis of the concept of "law above law," formulated by John Warwick Montgomery. The author argues that every legal procedure, despite its declared technical neutrality, rests on a metaphysical foundation and a specific axiological theory. The text provides a detailed discussion of the clash between legal positivism and natural law, invoking Radbruch's formula as a tool for combating legal lawlessness. A significant element of the study is the analysis of evidentiary rules, such as the Ancient Documents Rule and the hearsay rule, in the context of verifying the credibility of sources. The work connects the common law tradition with continental culture, demonstrating the necessity of a permanent standard of judgment against which statutory law must be continually legitimized.