English
Język Polski
Law as a tool of politics - purposefulness (instrumentality) as a feature of special legislation
Mateusz Zeifert
https://orcid.org/0000-0003-3266-3397Sławomir Piekarczyk
https://orcid.org/0000-0002-9478-4904Abstract
RESEARCH OBJECTIVE: The scientific goal of the article is to examine the manifestations of instrumentality in Polish special acts.
THE RESEARCH PROBLEM AND METHODS: The text adopts the thesis about the relationship between the instrumentality of a legal act and the individuality and specificity of its provisions. The subject of the study is a set of 68 acts referred to in legal discourse as “special acts”, which were selected by searching an electronic legal database.
THE PROCESS OF ARGUMENTATION: Some definitions of instrumentality and instrumentalization of law accepted in legal science were discussed. Manifestations of individuality and specificity of provisions identified in the research sample are presented. A typology of these provisions is made.
RESEARCH RESULTS: Polish special acts contain individual provisions, i.e. provisions addressed to individually designated legal persons and public institutions, but not natural persons, although legislative materials show that some special acts were designed in relation to the cases of specific persons. As for specificity, a distinction can be made between specificity of behavior and specificity of goals. The former involves assigning the recipients the obligation to perform one-off (unique) behaviors. The latter involves linking the adoption of an act with the implementation of a specific goal. It is expressed in titles, substantive provisions, as well as legislative materials. This criterion allows to distinguish investment, event, intervention, and other types of special legislation.
CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: The manifestations of individuality and specificity identified in special acts do not differ from those found in “ordinary” acts. However, significant number of special acts were adopted in close connection with a specific past or future event. However, determining the purpose of a law is often a complicated task. Further analyzes in this area require a broader consideration of legislative history and the socio-political context of the adoption of the act.
Keywords
special legislation ; legislation ; empirical analysis ; instrumentality of law ; instrumentalisation of law
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