Prof. dr hab. Zygmunt Tobor, mgr Konrad Kobyliński
University of Silesia in Katowice
English abstract: The purpose of this text is to present an outline of the dialogical concept of legal interpretation. It involves the need to establish the relationship between the legislature and courts. In the normative dimension, this concept includes an analysis of assumptions about the mutual roles of the legislature and courts in determining the substance of the law. In the descriptive dimension, the authors present tools that enable communication between the legislature and courts in order to improve the interpretation process. The authors describe the requirements for communication between courts and the legislature, and refer to existing solutions in Poland and the United States. In the text the importance of this issue is only signaled, but the authors believe that it is worth further research.
Keywords: legal interpretation, strategies of interpretation, communication theory of legal interpretation
Language: Original printed in Polish, English translation available below
Published: Number 2(23)/2020, pp. 35-48.
DOI: https://doi.org/10.36280/AFPiFS.2020.2.35ENG
Download: Download
Number of downloads: 399