Using a provision's legislative history as an instrument for interpretation – several observations based on judgments of Polish administrative courts
Using a provision's legislative history as an instrument for interpretation – several observations based on judgments of Polish administrative courts

Summary/Abstract: The article looks into using legislative materials (legislative history of a piece of legislation) in the process of interpretation of the law. The starting point for the analyses presented by the author is the conviction that interpretive decisions are made through discourse, one element of which is the legislator's voice in the form of "traces" left in legislative materials. Until recently, in view of insufficient availability of documents drawn up in the course of the legislative process, these materials were seldom used in interpretation of the law. Currently, Polish interpreters enjoy, as a rule, unlimited access on-line, which has significantly influenced the usefulness of legislative history and led to expanding the ways in which it is used. Since this is clearly visible in the case law, the article presents selected case studies of Polish administrative courts.

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