NADUŻYCIE KOMPETENCJI. ZARYS PROBLEMU
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Date
2007
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Wydział Prawa i Administracji UAM
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MISUSE OF POWER. AN OUTLINE OF THE PROBLEM
Abstract
The paper is an attempt to describe the phenomenon o f the misuse of power when using
conceptual instruments of law theory. In the authors view, the misuse of power is a specific type o f an
improper exercise o f power, which nevertheless, prima facie, appears to be exercised properly. What
makes the misuse of power a prima facie proper exercise of power is that it does not meet the
requirements that are difficult to perceive: the requirement of the entity carrying out a given act to
have the appropriate intent and the requirement of the act to bring about the relevant effects in the
real world. These requirements are not o f a formal nature, which is also why an act constituting
a misuse of power is a correct act from a formal perspective, while it is questioned on the grounds of
the non-fulfilment of substantive requirements. When describing the phenomenon of the misuse of
power, the author makes use of the concept of conventional acts and the concept of speech acts.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 69, 2007, z. 1, s. 17-31.
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0035-9629