Zasady prawa w prawie zagospodarowania przestrzeni
Rules of Law on the Grounds of Spatial Development

Summary/Abstract: Principles, understood as the principles of law, have long been a special subject of interest to the representatives of the theory and philosophy of law: both domestic and in other countries. On the basis of Polish theory and legal philosophy, it is generally assumed that the principles of law are more general legal norms than other legal norms. Such a position seems to correspond poorly with the widely recognized position presented in the works of R. Alex and R. Dworkin. The Polish legislator refers to the category of legal principles. This also takes place under the law on the development of space. The provision of art. 28 para. 1 of the Act of 27 March 2003 on Spatial Planning and Development [Journal of Laws of 2018, item 1945, as amended, hereinafter: “u.p.z.p.”],provides that violation of the principles of preparing a study of the conditions and directions of spatial development of municipalities and local plans results in the invalidity of resolutions of municipal councils taken in these matters in whole or in part. The point is that the legislator did not mention these principles, but decided to reconstruct them when applying the provisions of the law.

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