The Functions of the Preamble in the Act on Shaping of the Agricultural System Cover Image

Funkcje preambuły w ustawie o kształtowaniu ustroju rolnego
The Functions of the Preamble in the Act on Shaping of the Agricultural System

Author(s): Joanna Mikołajczyk
Subject(s): Law, Constitution, Jurisprudence, Agriculture, Political economy, Rural and urban sociology
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: shaping of the agricultural system; preamble; household; agricultural real estate trade; sustainability; growth of rural areas;

Summary/Abstract: To summarize briefly, the preamble in itself has no legal effect on its addressees. It cannot be stated categorically though, that its wording is for them irrelevant. The essence of the preamble focuses on resolutions and the manner of its use. The preamble has the features of the complex, full preamble and is the preamble in a formal sense. However, according to Article 1, valid can be thesis of the occurrence of two types of preambles, both in formal and material terms. Many social functions related to the justification of legal regulation of trade in agricultural property can be attributed to the preamble. Undoubtedly, it functions as propaganda, persuasion, education and communication. It brings the law closer to the society. The most important, however, should be the juridical function of the preamble – the function of interpretation. In this context, the preamble would have a binding impact on the process of interpretation of the regulation, which would influence the specific meaning of the legal standards. There is hope that the intention of the Polish legislator was not legislative demagoguery and through the included in the preamble merits it crystallizes “the spirit of the law”

  • Issue Year: 26/2017
  • Issue No: 1
  • Page Range: 131-146
  • Page Count: 16
  • Language: Polish