Generalne klauzule odsyłające – ujęcie teoretycznoprawne
General Reference Clauses – a Theoretial Approach

Summary/Abstract: The general reference clause might be defined as part of a norm, reconstructed from the normativetext, that empowers the court to refer to the extra-legal criteria during the establishing ofthe basis for judicial decision. Strong tradition of such construct in European legal orders and theirpresence in all legal branches, belonging both to the private and public law, creates its universalcharacter. The legislator, forming such clause, indicates a will to open legal argumentation, transfersthe establishing of its contents to the judiciary, that tries to connect the clause with the social (moral),political or economic values. The way in that the clauses are implemented, the way their contents isestablished as well as the kind and scope of impact the clauses play in the process of the applicationof law, even if strengthen the general role of axiology in the legal interpretation, vary in the contextof the type of application processes or, what is crucial for all book, the kind of legal branch in thatthe general reference clause functions.

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