How Polish Courts Use Previous Judicial Decisions?
In this article, the authors analyse the manners of applying prior rulings in the process of law enforcement by the Polish courts. Three aspects of this issue are examined in sequence. Firstly, the manner of referring to rulings (e.g., quote, paraphrase, etc.). Secondly, situations, in which courts...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Maria Curie-Skłodowska University
2018-05-01
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| Series: | Studia Iuridica Lublinensia |
| Subjects: | |
| Online Access: | https://journals.umcs.pl/sil/article/view/6619 |
| _version_ | 1818293911285661696 |
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| author | Zygmunt Tobor Mateusz Zeifert |
| author_facet | Zygmunt Tobor Mateusz Zeifert |
| author_sort | Zygmunt Tobor |
| collection | DOAJ |
| description | In this article, the authors analyse the manners of applying prior rulings in the process of law enforcement by the Polish courts. Three aspects of this issue are examined in sequence. Firstly, the manner of referring to rulings (e.g., quote, paraphrase, etc.). Secondly, situations, in which courts refer to other rulings (e.g., as a reference point, as an evidence of interpretative doubts, as a tool removing vagueness or ambiguity of a provision, as a methodological tip, as a legal basis of a ruling, etc.). Thirdly, the reasons for those acts of reference to appear. In conclusions, the authors juxtapose the analysis results with the practice of referring to judicial rulings, which is characteristic for countries applying the precedential law, and they also indicate basic differences between them. |
| first_indexed | 2024-12-13T03:23:20Z |
| format | Article |
| id | doaj.art-7604777378064cddb5143c285f6e76d4 |
| institution | Directory Open Access Journal |
| issn | 1731-6375 |
| language | English |
| last_indexed | 2024-12-13T03:23:20Z |
| publishDate | 2018-05-01 |
| publisher | Maria Curie-Skłodowska University |
| record_format | Article |
| series | Studia Iuridica Lublinensia |
| spelling | doaj.art-7604777378064cddb5143c285f6e76d42022-12-22T00:01:19ZengMaria Curie-Skłodowska UniversityStudia Iuridica Lublinensia1731-63752018-05-0127110.17951/sil.2018.27.1.1915002How Polish Courts Use Previous Judicial Decisions?Zygmunt Tobor0Mateusz Zeifert1Uniwersytet Śląski w KatowicachUniwersytet Śląski w KatowicachIn this article, the authors analyse the manners of applying prior rulings in the process of law enforcement by the Polish courts. Three aspects of this issue are examined in sequence. Firstly, the manner of referring to rulings (e.g., quote, paraphrase, etc.). Secondly, situations, in which courts refer to other rulings (e.g., as a reference point, as an evidence of interpretative doubts, as a tool removing vagueness or ambiguity of a provision, as a methodological tip, as a legal basis of a ruling, etc.). Thirdly, the reasons for those acts of reference to appear. In conclusions, the authors juxtapose the analysis results with the practice of referring to judicial rulings, which is characteristic for countries applying the precedential law, and they also indicate basic differences between them.https://journals.umcs.pl/sil/article/view/6619orzecznictwoargumentacjaprecedens |
| spellingShingle | Zygmunt Tobor Mateusz Zeifert How Polish Courts Use Previous Judicial Decisions? Studia Iuridica Lublinensia orzecznictwo argumentacja precedens |
| title | How Polish Courts Use Previous Judicial Decisions? |
| title_full | How Polish Courts Use Previous Judicial Decisions? |
| title_fullStr | How Polish Courts Use Previous Judicial Decisions? |
| title_full_unstemmed | How Polish Courts Use Previous Judicial Decisions? |
| title_short | How Polish Courts Use Previous Judicial Decisions? |
| title_sort | how polish courts use previous judicial decisions |
| topic | orzecznictwo argumentacja precedens |
| url | https://journals.umcs.pl/sil/article/view/6619 |
| work_keys_str_mv | AT zygmunttobor howpolishcourtsusepreviousjudicialdecisions AT mateuszzeifert howpolishcourtsusepreviousjudicialdecisions |