Pracodawca w labiryncie definicji legalnej
Lawgiver in the labyrinth of legal definitions law
Author(s): Marta Andruszkiewicz, Urszula Anna Kosielińska-GrabowskaSubject(s): Law, Constitution, Jurisprudence
Published by: Łódzkie Towarzystwo Naukowe
Summary/Abstract: The paper deals with the problem of establishing technically appropriate and practically useful legal definitions. The analyses are carried out in the context of Polish legal order and legal culture. The paper starts with the presentation of legal definitions in the perspective of two important features of legal language: the ambiguity of legal language utterances and the requirement of its semantic precision (I). Secondly, the correctness of the formulation of legal definitions is discussed on the basis of The Principles of Legislative Technique, which are legally valid in Poland (II). In the next part of the paper, the definitions of legal terms in Polish legislative practice are analysed in the light of selected judicial decisions of the Constitutional Tribunal. In particular, the requirements of clarity, comprehension and precision of legal texts, implicated by the principle of the democratic state of law, are discussed (III). Finally, the conclusions of the analyses are presented together with the evaluation of Polish legislative practice, and some postulates de lege ferenda are proposed (IV).
Journal: Studia Prawno-Ekonomiczne
- Issue Year: 2007
- Issue No: 75
- Page Range: 9-36
- Page Count: 28
- Language: Polish