Leszek Leszczynski
General Reference Clauses in the Judicial Process: Context of Legislative Intentions and Interpretative Discretion
General Reference Clauses in the Judicial Process: Context of Legislative Intentions and Interpretative Discretion
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This work analyzes the functioning of extra-legal references (general clauses) in the context of the relation between the legislative policy of opening the legal system and judicial discretion in the field of law interpretation. It examines normative acts and judicial decisions in Poland and other selected European countries to determine the scope of judicial discretion in determining the content of reference criteria, the basis for their application, and their role in various stages of the process of judicial interpretation of the law. The book concludes with an attempt to construct a comparative and optimization model of the functioning of general clauses in the legal order.
Format: Hardback
Length: 268 pages
Publication date: 17 September 2021
Publisher: Peter Lang AG
The purpose of this groundbreaking work is to delve into the intricate dynamics of extra-legal references (general clauses) within the framework of the relationship between the legislative policy of legal system openness and judicial discretion in the realm of law interpretation. This publication is the culmination of a comprehensive analysis of normative acts (from Poland and other selected European countries) and judicial decisions (primarily from Poland). Through this rigorous study, we aim to establish a clear understanding of the scope of judicial discretion in ascertaining the content of reference criteria, the foundation for their application, and their pivotal role in various stages of the judicial interpretation of the law.
In conclusion, this book offers a valuable contribution to the field of legal scholarship by providing a comprehensive exploration of the functioning of general clauses within the legal system. It sheds light on the complex interplay between legislative intent, judicial discretion, and the interpretation of laws, ultimately contributing to the development of a more efficient and effective legal order.
Weight: 419g
Dimension: 210 x 148 (mm)
ISBN-13: 9783631857892
Edition number: New ed
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