W poszukiwaniu intencji polskiego ustrojodawcy
The Intentions of the Framers as an Aid in Resolving Hard Cases of the Polish Constitution

Summary/Abstract: How to avoid accusations of bias in the interpretation of the law? Such accusations are particularly strong against constitutional interpretation, whose provisions are, on the one hand, decidedly vague and imprecise, and on the other, regulate many issues that divide society based on moral and political beliefs. Representatives of critical legal theory and so-called constitutional populists believe that the thesis of the possibility of an objective reading of the Constitution is a myth perpetuated by legal and political elites, essentially serving to impose their own “truths” on others. Therefore, they propose their own “truths” in return. Should we accept such a pessimistic vision? In the author's opinion, it is impossible. However, it is necessary to somehow address the concerns expressed by critics and populists. In the author's opinion, constitutional law professors, like the Constitutional Tribunal, must sincerely respect the choices of the Nation in their interpretive deliberations in a democratic state, and thus seek the intentions of the actual legislator. In this paper, the author explains what intention is and how to determine it. He then provides three examples of applying the intentionalist method – these concern Articles 18, 38, and 139 of the Polish Constitution.

• Details
• Contents