The notion of value in the judicial decisions of administrative courts Cover Image

Pojęcie wartości w orzecznictwie sądów administracyjnych
The notion of value in the judicial decisions of administrative courts

Author(s): EMIL PLEWA
Subject(s): Sociology of Law, Court case, Administrative Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: values; principles of law; axiology of law; judicial decisions of administrative courts;

Summary/Abstract: Administrative courts use the term “value” in their justifications of judgments. This concept has at least four separate meanings in the sphere of the natural language. In the legal language, it is used in judicial decisions and it consequently acquired new meanings for use in judicial practice. The purpose of this article is to present the results of the analysis of the judicial decisions of administrative courts in terms of using the term “value” and the meanings assigned to it. The article presents dictionary definitions of the discussed term, its theoretical and legal aspects, i.e. the relationships of values-evaluation, values-principle as well as four meanings of the term “value” which are used in the judicial decisions of administrative courts, i.e. value in the economic sense, value in relation to other evaluation systems (except the economic one), evidential value, and value in the meaning related to the legislator's evaluation system. The conclusions concern the axiological layer of the justifications of the judicial decisions as well as administrative courts adducing to the values assigned to the legislator in the judicial decisions.

  • Issue Year: 75/2023
  • Issue No: 1
  • Page Range: 217-231
  • Page Count: 15
  • Language: Polish