Dobre praktyki legislacyjne jako pozaprawne źródło techniki prawodawczej

• Authors: Maciej Kłodawski, Maciej Berek

Title variants

EN

Good Legislative Practices as an Extralegal Source of Legislative Technique

• Languages of publication: PL

Abstracts

EN

The subject of the article is a preliminary analysis of the notion of extralegal source of legislative technique and its potential usefulness within the description of an existing, though not always present in academic or practical legal discourse, dual catalog of sources of legislative techniques in Poland. Three types of extralegal sources of legislative technique are distinguished in the research. Two of them (formal but not legally binding agreements between legislative offices, and a unified template of formatting of legal acts’ projects) are mentioned and only briefly described. Crucial among extralegal sources of legislative technique are good legislative practices (recommendations for legislative drafters, published by the Government Legislation Centre). It is submitted (and also proved by illustrative material) that they are the most influential type of extralegal source of legislative technique during lawmaking process, as well as within the legal interpretation. The paper covers reflections on the problems encountered and the perceived problems of the duality of sources of legislative technique on the example of several good legislative practices – seen from the point of view of legislative drafter and from the perspective of interpreter of the legal text. It is proposed in the conclusion that the legislature, while observing an arising impact of extralegal sources of legislative technique, especially good legislative practices, should consider the change of the status quo and deeply revise the relation of good legislative practices to at least one legal source of legislative technique, i.e. Polish "Principles of Legislative Technique".

• Publisher: Kancelaria Prezesa Rady Ministrów
• Journal: Przegląd Legislacyjny
• Year: 2017
• Issue: PL 3(101)
• Pages: 9-34

Contributors

author

Maciej Kłodawski, Maciej Berek

• Uniwersytet Zielonogórski - University of Zielona Góra, Uniwersytet Marii Curie-Skłodowskiej - University of Maria Curie Skłodowska