UZASADNIENIA AKSJOLOGICZNE W ORZECZNICTWIE TRYBUNAŁU KONSTYTUCYJNEGO
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Date
2000
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Wydział Prawa i Administracji UAM
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AXIOLOGICAL REASONS FOR THE JURISPRUDENCE OF THE CONSTITUTIONAL TRIBUNAL
Abstract
Sentencing in cases of conformity of lower ranked normative acts with acts which are superior
within the legislative hierarchy the Constitutional Tribunal is usually having recourse to three
following types of motivation statements: descriptive statements (expresses in phrases), directional
statements (in form of norms of behavior) and, finally, appraisals. Taking into consideration
some visible regularities in citing appraisals by Constitutional Tribunal, or even sequences o f such
appraisals given for to prove axiological rationality of the decisions taken by the Tribunal - one
can distinguish characteristic types of such reasons; i.e. reasons based on interference of the type
„from the whole to a detail”, reasons built up in so-called negative inferences, next - reasons based
on inferences focused on „the essence itself’ of a given regulation, reasons based on inferences
appealing to a „definition” o f particular values and also - reasons based on: inferences of reductive
character, admitted spirit of consequence of the legislator in his appraisals, inferences based on
preferential questions. Despite of such a heterogeneity (from formal logic up to the sphere of
applying the law) all the above cited types of axiological reasons can be reduced to one scheme that
prejudges their validity in law - since all them are provided with the quality of being rational and
objective.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 62, 2000, z. 3, s. 25-35
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0035-9629