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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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Leszek Leszczyński: Precedent in the Polish Jurisprudence (General Outline)

Precedent in the Polish Jurisprudence (General Outline)

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Leszek Leszczyński

Abstract: The issue of the precedent is an important component of Polish analyses of judicial processes of application and practical (decision-making) interpretation of the law. The first step in this direction was a comprehensive concept of the role of precedent in the Polish legal system created in the 1960s by Jerzy Wróblewski. Within its framework, such issues found a special role as types of precedent (from strictissimo to largissimo sensu), differentiation of the practice of taking into account and following the precedent or different ways of justifying the use of another decision (per analogiam or per rationem decidendi). Subsequent considerations of the role of precedent in Polish literature included such issues as distinguishing a law-making and non-law-making, binding and non-binding, decision-making and interpretative precedents, as well as the legitimacy of taking over the properties of the Anglo-American practice in the context of recognising the potential of the precedent in the Polish legal system.

Keywords: Polish legal doctrine, J. Wróblewski’s concept, types of precedents, potential of precedential practice

Precedent-related issues are present in the Polish legal doctrine in the form of definitions of the term and its types or as independent issues discussed while analysing the manner precedents operate in court practice and determining their role in making judgments. Some attempts are made at determining the potential of precedents in the Polish legal order.

J. Wróblewski is the author of the most comprehensive study of case law...

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