How Polish Courts Use Previous Judicial Decisions?

Abstract

In this article, the authors analyse the manners of applying prior rulings in the process of law enforcement by the Polish courts. Three aspects of this issue are examined in sequence. Firstly, the manner of referring to rulings (e.g., quote, paraphrase, etc.). Secondly, situations, in which courts refer to other rulings (e.g., as a reference point, as an evidence of interpretative doubts, as a tool removing vagueness or ambiguity of a provision, as a methodological tip, as a legal basis of a ruling, etc.). Thirdly, the reasons for those acts of reference to appear. In conclusions, the authors juxtapose the analysis results with the practice of referring to judicial rulings, which is characteristic for countries applying the precedential law, and they also indicate basic differences between them.

Keywords

• orzecznictwo
• argumentacja
• precedens