Wybrane zagadnienia teoretyczne stosowania prawa przez Sąd Najwyższy Polskiej Rzeczypospolitej Ludowej
Streszczenie
The statute on the Supreme Court (further abbreviation: „SC”) singles out the institutional
place and the functions of the SC (1984). The provisions of the statute in question characterize the
SC as the supreme organ of the Polish administration of justice. The SC is also a court and,
therefore, the theoretical assertions concerning the judicial application of law and expressed in
constructed theoretical models of this activity are relevant for any analysis of the SC decisions. T he
author outlines the model in question and discusses the particularities of the functions of the SC in
respect to this model.
The SC application of law can be analyzed from the descriptive, theoretical and normative
(postulative) point of view. The author presents three groups of problems.
Firstly, the author presents the features of the so-called hard cases and demonstrates that is
type of cases is dominant in the SC decisions. Deciding the hard cases the SC has a relevant role in
the uniformization of the administration of justice. This function is somewhat restricted by the
existence of differences between various benches of the SC deciding the same case.
Secondly, the SC plays an important role in precizing the axiology of the Polish law and of its
application. The theoretical analysis demonstrates the palace of values in judicial decisions.
Thirdly, the SC functions according to the ideology of legal and rational decision ane controls
an implementation of the values of legality and rationality in the administration of justice. The
author presents several arguments used by the SC stressing the interaction of the arguments of
authority and of the arguments of reason.
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