dr Karolina Gmerek
University of Szczecin
dr Michał Krotoszyński
Adam Mickiewicz University in Poznań
English abstract: The aim of this article is to present an interpretative procedure that enables reconstructing from legislative acts the constitutive rules of legal conventional acts using interpretive directives adopted in the derivational theory of legal interpretation. Using the example of pardon, we show how this process can proceed in each of the three phases distinguished in the derivational theory. For the purpose of this article, we treat the process of reconstructing constitutive rules of legal conventional acts from legislative acts as separate from the process of reconstructing legal norms. We consider the study of the problem to be particularly important in the context of the ongoing constitutional crisis in Poland. This is because many of the fundamental constitutional questions which now arise in Poland in the public sphere – including the one whether it is possible to grant a pardon to a person who has not yet been found guilty by a final verdict – are in fact questions about the constitutive rules which govern the validity of legal conventional acts.
Key words: constitutive rules, legal conventional acts, derivational theory of legal interpretation, constitutional crisis
Language: polish
Published: Number 1(46)/2026, pp. 22–41.
DOI: https://doi.org/10.36280/AFPiFS.2026.1.22.
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