Dyskrecjonalność sędziowska jako mechanizm sprawowania wymiaru sprawiedliwości w sprawach karnych (zarys teoretyczny)
Judicial Discretion as an Element of the Administration of Criminal Justice (Theoretical Outline)

Summary/Abstract: The concept of discretion in the domestic literature is generally associated closely with the theory or philosophy of law. This issue, despite the fact that its modern theoretical framework was created precisely by legal theorists headed by H.L.A. Hart and R. Dworkin, has a much deeper significance for the current debate on the modern democratic state and the role of the judiciary, especially in criminal cases. The text shows theoretical approaches to the phenomenon of discretion. The requirement of judicial independence, which is an integral element of the judiciary, falls within the essence of the right to effective judicial protection and the fundamental right to a fair trial. The criminal court in this view has a special role, as it decides on the most far-reaching restrictions on rights and freedoms. When shaping the rules of criminal liability, the legislator must bear in mind that it is not its role to decide individual cases, a competence constitutionally reserved for the courts.

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