O wymogu niefragmentarycznej interpretacji tekstu prawnego. Perspektywa prawodawcy
Requirement of a Non-Fragmentary Interpretation of a Legal Text. Lawmaker’s Perspective
Author(s): Sławomir LewandowskiSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: legal text;lawmaker;non-fragmentary interpretation;systematics of normative act;references;
Summary/Abstract: The legislative standard is the coding of legal norms in legal regulations, because the lawmaker has no need, or even the possibility, to directly present the fully developed legal norms. This coding process enforces the fragmentation of a legal norm, which in turn results in the fact that the interpretation of a legal text, as a process opposite to the activities of the lawmaker, must be non-fragmentary. The lawmaker can and should provide the interpreter with guidelines on how to carry out this non-fragmentary interpretation, and especially indicate which fragments of the legal text are to be related to each other in this interpretation and how to bind them together. The lawmaker may find it extremely helpful in the implementation of this task to make appropriate use of the means of legislative technique, in particular the systematics of a normative act and the references contained in these acts.
Journal: Studia Iuridica
- Issue Year: 2020
- Issue No: 83
- Page Range: 102-113
- Page Count: 12
- Language: Polish