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Potential of Precedent in the Statutory Legal Order

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Edited By Leszek Leszczyński, Bartosz Liżewski and Adam Szot

This book is devoted to various aspects of the potential of precedent as a legal category and the precedential practice as an element of the law in statutory legal orders. It presents a complex approach to the problems involved in precedential practice, including its theoretical consideration and generalization of the practical use of prior judicial decisions as precedents (based on the observation of Polish and European judicial practice) as well as comparative and prospective remarks dealing with the role of precedents in the statutory law order.

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Paweł Sadowski: Judicial Judgment as a Decision-Making Determinant of the Second Instance Administration Bodies

Judicial Judgment as a Decision-Making Determinant of the Second Instance Administration Bodies

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Paweł Sadowski

Abstract: In the contemporary functioning of public administration, it is impossible not to see the role of judicial decisions in shaping the acts of applying the law coming from administrative bodies. It determines the content of the justifications of administrative bodies in a clear and often direct way. A practice is noticeable, according to which in the case of conflict of standards, it is noticeable to use judicial decisions in order to eliminate doubts of interpretation. The use of jurisprudence consists in the broad borrowing of interpretation arguments and helps in solving legal problems resulting from difficulties in the interpretation of unclear and constantly changing legal provisions. The publication aims to bring this issue to the fore in the perspective of the operation of self-government boards of appeal, present in the Polish political system.

Keywords: judicial judgment, administrative decision, administration bodies, self-government boards of appeal, control of administration

The Polish government system in the nineties, along with the development of the local self-government practice, introduced self-government boards of appeal as control bodies of a local self-government. Their responsibilities were adapted to new structure of local government administration introduced in 19981.Within the range of their activities there were both their own competences as well as the commissioned ones, implemented at the level of the community, county and self-government voivodship. In the following years, the role and tasks of the local self-government grew steadily, as successive cabinets of different political provinces undertook efforts to...

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