O wykładni prawa i jej wymiarze praktycznym. Kontekst sądowego stosowania prawa
On Legal Interpretation and Its Practical Dimension: The Context of Judicial Application of the Law

Summary/Abstract: The aim of the study is to identify those aspects of legal interpretation which may strengthen its practical dimension. The operative interpretation, distinguished in the theory of law, needs to be developed, inter alia, in order to strengthen the legal discourse as a whole and to contribute to better communication and deeper integration between dogmatic and theoretical legal studies. As a result, the theory of interpretation itself would become more complete. Three most important aspects of giving a practical dimension to various interpretive approaches are analysed in the paper. The first of them is the use of the so-called decision-making character of the operative interpretation, when such interpretation is made in connection with the findings of fact, which limits its scope, while at the same time broadening the number of the established normative bases for decisions, and also in the context of the subsequently-formulated justification of the interpretative decision. The second one is its validation-derivative approach, indicating the phases of operative interpretation, the multiplicity of carriers of law taken into account and the distinction of roles played at particular phases by the each type of rules of interpretation. Finally, the third aspect points to the need to include operative interpretation in the comparative approach, the main determinant of which are the differences of interpretation in particular branches of law.

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