Czy sąd powinien być wyrozumiały dla prawodawcy? O błędzie legislacyjnym z perspektywy teorii wykładni
Should a Court Be Understanding for the Legislator? On Legislative Error from the Perspective of the Theory of Legal Interpretation

Summary/Abstract: In the actual legislative processes, errors are often made: the legislator’s intentions are not always properly expressed in the legal provisions or there is insufficient clarity. The discrepancy between what the legislator said and what they meant to say poses a serious challenge to the theory and practice of legal interpretation. In this paper, the author analyses two possible reactions to a legislative error: correcting it or applying the provision in its literal meaning. The considerations are based on two decisions of the Criminal Chamber of the Polish Supreme Court, because in criminal law the protection of the prima facie understanding of the text is a very important value. In the final part of the paper, the author indicates factors which can affect the court’s attitude towards a legislative error in a specific case.

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