Norma prawna: wyrażenie czy wypowiedź?
Legal Norm: An Expression or a Statement?
Author(s): Mikołaj HermannSubject(s): Constitutional Law, Philosophy of Law
Published by: Kancelaria Sejmu
Keywords: preliminary decision; complaint; Constitutional Tribunal; detriment; irreversible consequences; interest of the complainant
Summary/Abstract: Opting for the linguistic concept which dominates Polish legal theory does not eliminate all doubtsabout comprehension of legal norms. The aim of the article is to determine whether such norms should be perceived as expressions or statements. It would seem that, except for improving conceptualapparatus, this problem is of no considerable significance. Nevertheless, finding a solution to it would allow us to address many other important issues. The recognition of the legal norm as a statement would make it possible to: coherently arrange the links existing between a lawmaking actionand its substrata at different levels, specify in detail relations between a legal provision and a legalnorm, define what functions are played by validating rules and rules of exegesis in legal system construction, resolve a dispute on whether systemic nature is an immanent or transcendent characteristic of law, and also address the issue of equivalence of legal norm.
Journal: Przegląd Sejmowy
- Issue Year: 2013
- Issue No: 2
- Page Range: 67-85
- Page Count: 19
- Language: Polish