O dwóch strukturalnych czynnikach sędziowskiej refleksyjności
About The Structural Factors of Judicial Reflexion

Summary/Abstract: Referring to the controversy that exists in social theory between the structural approach and the approach focused on the role of the subject and the subjective cause, theAuthor tries to approximate two structural factors that influence judicial reflection. The first one is based on the distinction between factual and legal arguments. The second one draws attention to the difference between delivering judgements by collective benches and benches composed of one-person and their influence on judicial reflexion. The common feature of this experience is the uncertainty that can be overcome more easily in the case of administrative courts because of the elaborated, institutional modes of discussion that are a part of communication reflexivity.

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