ZASADY TECHNIKI PRAWODAWCZEJ W PRAKTYCE WYKŁADNI PRAWA
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Date
2002
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Wydział Prawa i Administracji UAM
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LEGISLATIVE TECHNIQUE PRINCIPLES IN THE PRACTICE OF LAW INTERPRETATION
Abstract
The conviction about the existence o f certain correspondence between the directives o f editing
and interpreting legal texts is based upon the belief that it is the legislator that sets out the
linguistic and axiological limits of law application of a legal text; this conviction is also connected
with the developed notion o f rational legislator.
However, initially one did not use to speak o f the need to create correspondence between the
directives of editing and interpreting legal texts in spite of the fact that one was aware of the
connection between law creation and interpretation.
The author sets out to determine: (i) which of the previously foreseen ways of attaining correspondence
was applied during the creation of the official set of legislative technique principles,
(ii) whether and to what extent correspondence between legislative technique principles and literal
law interpretation directives was attained, and (iii) to what extent the „Legislative Technique
Principles” o f 1991 has given rise to the conviction of correspondence between the directives o f law
creation and interpretation in the legal practice.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 64, 2002, z. 4, s. 23-40.