@article{373ea358-9b29-42f3-9e77-57028cbfd920,
author = {},
title = {Limits of the Pro-Constitutional Interpretation. Commentary on the Judgment of the Supreme Court of 5th December 2012, Case No. III KK 137/12},
journal = {Przegląd Konstytucyjny},
volume = {2020},
number = {Issue 1 (2020)},
year = {2020},
issn = {2544-2031},
pages = {76-86},keywords = {pro-constitutional interpretation; insult of a public officer; limits of interpretation; direct application of the Constitution; Supreme Court},
abstract = {The article presents a partially critical commentary on the judgment of the Supreme Court concerning an interpretation of Article 226 § 1 of the Polish Criminal Code (k.k.). Supreme Court overruled the challenged judgment and referred the case for re-examination, deciding that the public nature of the perpetrator?s act is not a constituent element of the crime of insulting a public officer. As the justification for this decision, the Supreme Court referred to the limits of the pro-constitutional interpretation. In this commentary, three issues are discussed. Firstly, a question concerning the limits of the pro-constitutional interpretation in the judicial process of application of the law. In the opinion of the author, such limits are set by the Constitution. Secondly, the importance of the pro-constitutional interpretation in the process of direct application of the Constitution. The author argues that this type of interpretation cannot be perceived only as of the interpretive co-application of the Constitution and a statute. Courts should refer to the pro-constitutional interpretation before making a choice of the proper form of direct application of the Constitution. Thirdly, a subject of the pro-constitutional interpretation of Article 226 § 1 k.k. According to the author, the pro-constitutional interpretation of Article 226 § 1 k.k. includes a necessity of adopting the literal interpretation according to which the public nature of the perpetrator?s act is not an element of the crime described in Article 226 § k.k.},
doi = {},
url = {https://ejournals.eu/en/journal/przeglad-konstytucyjny/article/limits-of-the-pro-constitutional-interpretation-commentary-on-the-judgment-of-the-supreme-court-of-5th-december-2012-case-no-iii-kk-137-12}
}