Wykładnia autentyczna w świetle nauki o wykładni prawa
Authentic interpretation in the light of the science of legal interpretation

Author(s): Sławomir Piekarczyk, Sławomir Tkacz
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: authentic interpretation; legal interpretation; applying the law; real lawmaker; tools of the legal interpretation; the intention of the lawmaker
Summary/Abstract: The term “authentic interpretation” is usually understood as an interpretation with universally binding force made by the authority that established the given provision. As a rule, it is indicated that it has little impact on legal practice. Meanwhile, according to the authors, in practice, authentic interpretation has much more significance than what is usually associated with it. They point out that the concept of authentic interpretation is characterized by a high degree of ambiguity. Various legal constructs are characterized in terms of authentic interpretation. The monograph aims to organize the statements relating to the problem of authentic interpretation. The findings made are referred to legal practice. The importance of the issues raised allows the authors to formulate a general conclusion that the issues taken up in the monograph can be classified as key issues for the science of legal interpretation.

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