EWOLUCJA ADMINISTRACYJNOPRAWNEJ REGULACJI KORZYSTANIA Z DRÓG PUBLICZNYCH W II R.P.
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Date
2000
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Wydział Prawa i Administracji UAM
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EVOLUTION OF LEGAL ADMINISTRATIVE REGULATION OF PUBLIC ROADS USING IN POLAND IN THE PERIOD 1918 - 1939
Abstract
When evaluating legal acts in force within the period 1918 - 1939 relating to the State intervention
in the sphere of using public roads one has to keep in mind that these regulations were
a pioneer work; literally — own errors served as a lesson. On one hand — our own system of administrative
law was in its very beginning and, on the other, social phenomenon of automobile transport
was a too quite new and unknown until then thing. And for this reason we must highly
appreciate achievements of the then legislator in this respect, and more particularly - we must
stress the fact that - despite o f many solutions that proved to be a mistake - in late thirties there
already was existing a whole system o f the State intervention in this sphere.
Main tendencies we can observe in this field are:
- constantly increasing exigencies in relation to technical conditions that must be fulfilled in
case of automobiles admitted to the traffic on public roads,
- creation and precise adjustment of principles of traffic,
- diminishing of exigencies for drivers (age, knowledge of Polish language or even property
status), clear developing of provisions aimed at security of traffic,
more importance attached and ameliorating register systems (concerned vehicles and drivers,
too),
gradual transmitting of competencies of administrative organs to social organizations (e.g. -
examination of candidates for drivers),
limitation of the number o f agents authorized for controlling the traffic.
According to the Author the provisions developed mainly towards:
agglomeration of provisions comprised primarily in many normative acts (uniting of similar
regulations) and issuing of legal acts with wide range of regulations - briefly, „setting the law
in order”,
augmentation of precision level in what concerned the language used in particular legal acts
on the way of eliminating casuistiy.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 62, 2000, z. 4, s. 55-82