PL EN


2010 | 2(97) | 53-73
Article title

LEGISLATIVE POLICY GUIDELINES ON THE CHOICE OF LEGAL SANCTIONS (Wytyczne polityki legislacyjnej w zakresie doboru sankcji prawnych)

Authors
Title variants
Languages of publication
PL
Abstracts
EN
The political discretion of parliament includes the choice of the most appropriate legislative option. However, this does not change the fact that this regulatory discretion of the legislative is relative, as its scope is limited by constitutional standards of a democratic state ruled by law. Under these standards, the choice of legal instruments of exerting influence requires the following: earlier specification of regulation's objectives and examination of their conformity with the system of values accepted by the lawgiver, the social policy pursued and the existing legal order; assessment of the probability of accomplishment of the defined goals with the use of available measures; peculiar calculation of 'effectiveness', made by comparison of the value of an expected effect with all the 'costs' of obtaining and maintenance thereof (e.g. expenses relating to the enforcement of observance of particular legal regulations or consequences in the sphere of social relations). The author concludes that it is rather not possible to create universal principles of optimization of lawmaking decisions. This results, above all, from the rapid pace of social change and the multitude of applicable solutions and measures which are at the disposal of the lawgiver.
Keywords
Year
Issue
Pages
53-73
Physical description
Document type
ARTICLE
Contributors
author
  • Emil Kruk, Uniwersytet Marii Curie-Sklodowskiej w Lublinie, Wydzial Prawa i Administracji, Plac Marii Curie-Sklodowskiej 5, 20-031 Lublin, Poland
References
Document Type
Publication order reference
Identifiers
CEJSH db identifier
10PLAAAA081619
YADDA identifier
bwmeta1.element.4d06fd7f-cf8f-393a-8676-7cd09f245f98
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