Problem luzu decyzyjnego w procesie stanowienia i stosowania prawa
The matter of discretion in the process of making and applying the law

Summary/Abstract: The modern concept of interpretation of the law emphasizing a research of so-called „Real employerwill” propagate at the same time values like flexibility and possibility to modify the content of legal principles in accordance with changing values or stability and reliability of the legal system. However, the law is often formalized in a wrong way, which causes in consequence incorrect regulations, qualified to be put out of use from the effective law. It is hard to generalize how often it is a consequence of their extensive flexibility and freedom of action and to what extent they are related to the lack of professionalism of people who are in charged at that time and who co-create the state legislative bodies. The purpose of this article is to expose substantive components making up a so-called „discretion in the law" - entailing kind of freedom - freedom of decision and action, oscillating in the legal limits of the functioning of state bodies in terms of making and applying of the law as well as in terms of their final decision.

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