Amerykańskie koncepcje interpretacji konstytucji a rodzime teorie: klaryfikacyjna i derywacyjna. Próba porównania
American Theories of Constitutional nterpretation and Polish clarification and derivation concepts. A Short Comparison

Summary/Abstract: The author set himself a goal of finding common elements of American concepts for the interpretation of the constitution and Polish descriptive-normative theories of legal interpretation of universal nature. First, he discussed the main assumptions of intentionalism, originalism and the living constitution theory. He did it on the basis of the publications of the most influential representatives of particular fields of study in the American jurisprudence, as well as giving examples of the case law of the Supreme Court of the United States. Then, he outlined the foundations of the clarification and derivative theory, comparing some assumptions with elements of American theories. As a result, despite the vast differences between the Polish and American legal systems, he identified some similarities between the derivative theory and the concept of living constitution.

• Details
• Contents