Abstract
In this article, the authors analyse the manners of applying prior rulings in the process of law enforcement by the Polish courts. Three aspects of this issue are examined in sequence. Firstly, the manner of referring to rulings (e.g., quote, paraphrase, etc.). Secondly, situations, in which courts refer to other rulings (e.g., as a reference point, as an evidence of interpretative doubts, as a tool removing vagueness or ambiguity of a provision, as a methodological tip, as a legal basis of a ruling, etc.). Thirdly, the reasons for those acts of reference to appear. In conclusions, the authors juxtapose the analysis results with the practice of referring to judicial rulings, which is characteristic for countries applying the precedential law, and they also indicate basic differences between them.
Highlights
SUMMARYM In this article, the authors analyse the manners of applying prior rulings in the process of law enforcement by the Polish courts
There are few things more fascinating for a legal theorist from a statutory law country than the idea of judge-made law
M In this article, the authors analyse the manners of applying prior rulings in the process of law enforcement by the Polish courts
Summary
M In this article, the authors analyse the manners of applying prior rulings in the process of law enforcement by the Polish courts. Three aspects of this issue are examined in sequence. The manner of referring to rulings (e.g., quote, paraphrase, etc.). Situations, in which courts refer to other rulings The authors juxtapose the analysis results with the practice of referring to judicial rulings, which is characteristic for countries applying the precedential law, and they indicate basic differences between them
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