The limits of the legislator’s freedom to create a catalogue of public purpose Cover Image

Granice swobody ustawodawcy w tworzeniu katalogu celów publicznych
The limits of the legislator’s freedom to create a catalogue of public purpose

Author(s): Łukasz Strzępek
Subject(s): Law, Constitution, Jurisprudence
Published by: Instytut Nauk Prawnych PAN
Keywords: public purposes; public interest; public services; expropriation; limits of the legislator`s freedom

Summary/Abstract: Issues relating to public purposes are directly related to the institution of expropriation, and have been most often discussed in the context of considerations relating to it. However, the literature lacks reflection on the factors that limit the legislator’s freedom to create a catalogue of public objectives. However, given that public objectives are directly linked to the institution of expropriation, this question is of considerable importance in assessing whether, and to what extent, the legislature can create a catalogue of conditions for interference with subjective rights. The issues discussed relate to issues that are at the crossroads of public and private law, which makes it possible to analyse them from various points of view, while at the same time creating room for discussion.

  • Issue Year: 221/2020
  • Issue No: 1
  • Page Range: 29-50
  • Page Count: 22
  • Language: Polish