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Discretionary Power of Public Administration

Its Scope and Control

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Edited By Leszek Leszczyński and Adam Szot

The book analyzes various aspects and examples of public administration discretionary power within the processes of law application. It presents a variety of factors that may affect the range of discretion as well as the influence on public administration’s reasoning. The authors evaluate the complexity of forms and procedures for control of decision latitude that is exercised by the public administration and the society.

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Statutory interpretation and its role in administrative application of law (Andrzej Korybski)

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Andrzej Korybski

(Associate Professor, Maria Curie-Sklodowska University in Lublin, Poland)

Statutory interpretation and its role in administrative application of law

Abstract: The aim of this article is to describe and explain specific features of administrative application of statutes and other sources of statutory law across the legal orders of the EU member states. A special place is devoted to the Polish experience with the methods of statutory interpretation by the institutions of tax administration.

Keywords: legal cultures, statutes, statutory interpretation, rules of interpreting statutes

1.  Statutory interpretation: cultural and systemic limits

The notion of statutory interpretation belongs to the fundamental categories of contemporary jurisprudence. It refers to the process of interpretation of statutes whose origin is the parliament as a legislative power entity. Statutory interpretation that meets the criteria of the above definitions can be observed both in common law and legal orders based on civil law culture. A role of the concept of statutory interpretation is predominantly (though not exclusively) to describe the processes of application of law. These concepts, however, can also be used to construct normative doctrinal models that indicate how entities which apply law ought to interpret statutes in order to eventually issue correct decisions concerning the application of law1. Despite these similarities, doctrinal statutory interpretations vary across different legal cultures. The differences pertain to both the objectives and the substance of statutory interpretation, as well as particular solutions and...

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