Abstract
The paper discusses the possibilities for using legislative materials in the process of establishing a catalogue of legal principles and determining their content. The starting point for the analysis was the conviction that the catalogue of legal principles and their content is established through discourse. One element of this discourse is the legislator’s voice in the form of “traces” left in various places. The interpreter may refer to both the legislator’s expressions in texts of normative acts and to expressions presented in legislative materials. Until recently, given their insufficient availability, legislative materials were seldom used in the discourse on legal principles. Through an analysis of legislative materials developed for the 2017 amendment of the Code of Administrative Proceedings, which introduced new principles to the Code, the authors show that these materials can be a source of valuable information on the legislative intent. The paper concludes with the following observation: the currently available access opportunities offered by information technologies mean that expanding the context that shapes the catalogue and content of the various principles through the use of legislative materials appears necessary.
Highlights
This text brings together two incredibly interesting matters: legal principles, and legislative materials treated as an auxiliary tool in the interpretation of legal principles
For the purpose of this paper we shall assume that the use of legislative materials both for defining a catalogue of provisions that should be considered as legal principles, the content of the various principles, and the hierarchy between the various principles falls within the scope of interpretative activity
Legal principles are created by authorities responsible for applying the law; whether a given norm created by the legislator will be recognised as a legal principle is determined by specific way in which it is used; 3.3
Summary
This text brings together two incredibly interesting matters: legal principles, and legislative materials treated as an auxiliary tool in the interpretation of legal principles. For the purpose of this paper we shall assume that the use of legislative materials both for defining a catalogue of provisions that should be considered as legal principles, the content of the various principles, and the hierarchy between the various principles falls within the scope of interpretative activity. Legal principles have been the subject matter of numerous publications in Polish literature. The issue has remained a matter of interest and controversy, as evidenced by works published in the period 2011–2014.2 Paradoxically, it is difficult to find a monograph which would not use the term “legal principles”, there is no consensus as to the substance of this notion. What is especially interesting in this context is the relation legislative intent – legal principles
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: Annales Universitatis Mariae Curie-Skłodowska, sectio G, (Ius)
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
