Nadmiarowość językowa w Konstytucji RP z 1997 roku
Language redundancy in the Constitution of the Republic of Poland of 1997
Author(s): Kamil StępniakSubject(s): Constitutional Law
Published by: Kancelaria Sejmu
Keywords: redundancy in the Constitution of the Republic of Poland; language redundancy; interpretation; norms
Summary/Abstract: In the Constitution of the Republic of Poland, redundancies take on various forms, which is particularly interesting for legal theorists. Language redundancy referred to in this article is also manifested in several ways. As has been shown, this phenomenon does not always have to be assessed negatively. Redundancy sometimes allows to specify the norm’s disposition or to prevent the recipient’s behavior that is not desired by the legislator. It is no different in the context of language redundancy in the Constitution of the Republic of Poland. However, it is the Constitution that deserves most attention as regards the creation of the provisions of law. The text of the fundamental law differs significantly from other legal acts. It contains guiding principles and legal rules characterized by a significant degree of vagueness. On the other hand, it also includes provisions that protect fundamental rights and freedoms, whose importance should not leave interpretational doubts. The article is an attempt at systematizing the concept of language redundancy, while examining its forms in the Constitution of the Republic of Poland and analyzing whether or not its presence is always negative for the interpretation of constitutional norms.
Journal: Przegląd Sejmowy
- Issue Year: 2018
- Issue No: 5
- Page Range: 75-93
- Page Count: 19
- Language: Polish