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

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Kruk E.

Przegląd Sejmowy

2010

issue 2(97)

53-73

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.

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1 Przegląd Sejmowy

1 Kruk E.

1 2010

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