Prawo łaski w polskim porządku prawnym. Analiza w kontekście estetyki prawa na przykładzie sporu politycznego z lat 2023–2024
The pardon power in the Polish legal system. Analysis in the context of the aesthetics of law using the example of a 2023–2024 political dispute

Summary/Abstract: The purpose of this study is to prove the research thesis that legal norms relating to the power of pardon should be drafted in an unambiguous manner so as to provide security – both in the sphere of their application and interpretation. They would then guarantee certainty, without the need to search for antecedents in historical sources and a multitude of judicial decisions. Therefore, the study asks questions about whether referring to historical sources and legal tradition in the process of interpreting and applying the law is appropriate. Is it better to rely on the result of linguistic interpretation? Does the result of this interpretation guarantee legal certainty to a greater extent and create better conditions for the protection of human rights? During the preparation of the paper, the method of analysis of organizational structures in state and society and relevant laws is relied on in particular. It makes it possible to study the legal norms contained in normative acts. The method of investigation of the law in force and legal commentary, on the other hand, is used to study the views of legal scholars. The linguistic method is used to analyze judicial decisions. The impetus for undertaking research in this area has its ground in the political dispute that arose in Poland at the turn of 2023 and 2024 around the institution of the presidential power of pardon. Based on the research conducted, the author concludes that the language of normative acts is a manifestation of aesthetics. The law should be established in a clear, communicative and understandable way for its addressees. It is important to strive for the precision of norms to ensure the functionality of law as a systemic stabilizer. Therefore, aesthetics is important in the philosophy of interpreting and applying law.

• Details
• Contents