The current issue addresses the presidential power of pardon from the perspective of theories of interpretation and constitutional argumentation, as well as questions of judicial independence, constitutive rules, and methodology in legal research.

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Kozminski University in Warsaw

Language: polish

Published: Number 1(46)/2026, pp. 112–117.

DOI: https://doi.org/10.36280/AFPiFS.2026.1.112

Number of downloads: 107

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Pomeranian University in Słupsk

English abstract: The article aims to present and discuss two different views on the evolutionary sources of social norms. The views under study were delivered by famous nineteenth-century philosophers, Herbert Spencer and Peter Kropotkin. The former is usually linked with so-called social Darwinism, and the considerations in the article show why this label can be misleading. The latter represents so-called Russian evolutionism, whose distinctive trait is stressing animals’ cooperative behaviours rather than their competition. In the article, I assert that Charles Darwin’s thoughts should be considered a reference point for any discussion concerning the evolutionary sources of morality. Thus, a brief presentation of Darwin’s views precedes considerations devoted to Spencer and Kropotkin. The analysis in the article shows crucial similarities and differences between Spencer and Kropotkin in terms of their views on evolution and their social views. Spencer appears as a Lamarckian advocate of a minimal state, who sees competition and rivalry as natural to society. Kropotkin subscribes to the Darwinian approach and, being a fierce critic of the state, believes that abandoning it will reveal humans’ natural goodness.

Key words: origins of morality, evolutionary approach, survival of the fittest, mutual aid, social Darwinism, Lamarckism

Language: english

Published: Number 1(46)/2026, pp. 96–111.

DOI: https://doi.org/10.36280/AFPiFS.2026.1.96

Number of downloads: 33

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Jagiellonian University

English abstract: In this article, I analyse Legislative Theatre from a socio-legal perspective, for the first time in reflections on this topic. By analysing the context of participatory processes, I outline the background for Legislative Theatre, where participation or its manifestations play a significant role. In the article, I both present the origins of Legislative Theatre – as a process used to generate ideas for legal amendments or their implementation – and compare the original assumptions with contemporary challenges or contexts important for legal scholarship. The article focuses on an analysis of the original assumptions of Legislative Theatre, confronting and comparing them, where necessary, with the contemporary approach. At the same time, I claim that Legislative Theatre, despite its name, should be understood in terms of participation, rather than legislation, in particular the ambition to influence the legislative process (initiative). These considerations are one of the first attempts to look at Legislative Theatre as a potentially important theme for both academics and practitioners, for both actors and audiences (if any) of legal systems. At the same time, they are an attempt to embed Legislative Theatre as a theme for a wider reflection of legal scholars, including Polish ones.

Key words: socially engaged theatre, participation, Legislative Theatre, legislation, law

Language: polish

Published: Number 1(46)/2026, pp. 77–95.

DOI: https://doi.org/10.36280/AFPiFS.2026.1.77

Number of downloads: 48

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University of Łódź

District Court in Brzeziny

English abstract: In Western political tradition, judges are guardians of the rule of law. But they also may be subject to mistakes or corruption. A well-balanced system of government needs both means to guard judicial independence and means to control the judiciary, such as removal from office. Judges of senior courts (in the UK) and federal judges (in the USA) are secured in their independence by the ‘good behaviour’ clause, which makes removing them possible only if a specific action is taken by the legislature. In the UK it is an address of both Houses to the Monarch, in the USA – an impeachment. This article deals with historical roots of the ‘good behaviour’ clause and its current understanding. It stresses that in the process of the interpretation and through certain precedents, the scope of the legislature’s power to remove a judge was highly restricted. Such a restriction, however, was obtained rather due to a political culture of the analysed countries rather than the contents of the ‘good behaviour’ clause, which always carries with it the danger of political interference with the judiciary.

Key words: judiciary, removal from office, judges, UK, USA

Language: polish

Published: Number 1(46)/2026, pp. 60–76.

DOI: https://doi.org/10.36280/AFPiFS.2026.1.60

Liczba pobrań: 40

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The Academy of Justice

English abstract: Adoption dissolution is a complex and demanding process that is based not only on legal regulations, but also on aspects related to other fields, such as psychology, pedagogy, sociology, and morality. This process requires special attention to the child, his or her difficult situation and needs. Any actions must be conducted with great precision, caution, and even delicacy. Therefore, the article focuses on the judicial practice of dissolving adoption. The study covered the files of cases conducted by district courts of Warsaw in 2006–2018. The aim of this research was to analyse and assess the role of information influencing the courts’ decision-making processes, including the assessment of the child’s best interests and the qualification of ‘important reasons’. These activities allowed us to better understand the adoption resolution process, showing that behind every legal decision there are deep emotional, psychological and social issues, while opinions and analyses from various fields are not separate elements, but an integral part of a complex decision-making process. The research was qualitative in character, the research strategy was that of a multiple case study, and coding was adopted as the basic research tool of the method of analysing court files. The article emphasizes that in cases concerning adoption dissolution, a multi-faceted approach is necessary, because it allows for a detailed understanding of the factual situation of the child and balancing the legal criteria with the specific circumstances of each case. Moreover, the article indicates that grouping information in three time categories – past, present and future – enables an assessment of the child’s best interests and a qualification of ‘important reasons’. It is a valuable addition to the existing perspectives and provides a basis for further research in this area.

Key words: adoption dissolution, child’s best interest, important reasons, assessment of the child’s factual situation

Language: polish

Published: Number 1(46)/2026, pp. 42–59.

DOI: https://doi.org/10.36280/AFPiFS.2026.1.42

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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.

Liczba ściągnięć: 99

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University of Silesia in Katowice

Zygmunt Tobor

University of Silesia in Katowice

English abstract: The case whereby the President of the Republic of Poland applied the right of pardon towards individuals who had not been validly convicted has revived ongoing discussions regarding whether such an action is consistent with the Constitution. The problematic aspect in this regard is not only the admissibility of so-called individual abolition but also the very manner of granting pardon while bypassing the procedure provided for in the Code of Criminal Procedure. Since the contentious nature of the issue arises from ambiguities in the Constitution’s text, this study’s research objective is to present useful tools outside of this text that may assist in its interpretation. To achieve this, an analysis of legislative materials from sessions of the National Assembly’s Constitutional Commission is conducted, and the established practice (constitutional custom) concerning the problematic issues is discussed. The research conclusions warrant the thesis that these extratextual arguments provide strong justifications for specific interpretative hypotheses. Regarding the first issue, the hypothesis is that the right of pardon does not encompass individual abolition. The hypothesis concerning the second issue is the inadmissibility of a procedure that bypasses the Code of Criminal Procedure regulations.

Key words: power of pardon, legislative materials, established practice, legal text interpretation

Language: polish

Published: Number 1(2026), pp. 5–21.

DOI: https://doi.org/10.36280/AFPiFS.2026.1.5

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Maria Curie-Skłodowska University in Lublin

Report language:Polish

Published in: Issue 4(45)/2025, pp. 128–131.

DOI: https://doi.org/10.36280/AFPiFS.2025.4.128

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Number of downloads: 178,450

The text is available under the Creative Commons Uznanie autorstwa 4.0 Międzynarodowe.