O NORMATYWNOŚCI PRZEPISÓW REGULUJĄCYCH PROCES STANOWIENIA PRAWA
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Date
2008
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Wydział Prawa i Administracji UAM
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ON THE NORMATIVITY OF THE PROVISIONS REGULATING A LEGISLATIVE PROCESS
Abstract
In his paper the author argues that Zygmunt Ziembiáski’s concept of a sanctioned norm and the
sanctioning norm requires a certain completion. He also notices that the relation between these two
norms (that the sanctioning norm shall be applied when the sanctioned norm has been violated)
involves of a number of other norms that the author calls intervening norms. Those norms may create
a chain in which individual norms may be related with each other in many different ways. The
obligation indicated in a sanctioning norm arises only upon completion/realisation of relevant intervening norms. On the background of such differentiation between a situation in which a “norm
has not been completed/realised” and a situation in which a “norm has been violated”, the author
claims that in determining when a norm “has been violated” the mental state o f the person exercising
such conduct should be taken into account. Applying that thought to the proposed chain o f intervening
norms, the author than argues that the first norm is applied not when a given sanctioned norm is
violated, but in a situation when there is a conviction that such a violation has already taken place.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 70, 2008, z. 1, s. 123-131
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0035-9629