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Amendment as Method of Changing Law. A Study in Theory of Legislation
Piotr Filip Zwierzykowski
Abstract
The main aim of the dissertation is legal-theoretical (legal-legislative) account of amendment. It is assumed that amendment amounts to a real change in the system of law (understood as, at least, a set of normative acts), and not merely a technique of editing legal texts. This determines a certain approach to persistence, in which the system and its elements retain their identity, despite the changes therein. The amendment is conceived of as a singular inter-systemic event, identified with a transformation within a text of a („amended”) normative act, which results from introducing a different („amending”) act into the system. Moreover, amendment as method of changing law turns out to be an aspect of amendment interpreted as an act, i.e. a singled out result of a base-act (which is the enactment of an amending act), in relation to which a higher-level conventional act of amendment is identified. Editorial technique proper to amendment may also serve the purpose of attaining (performing) other changes of law, eventually including even system replacement. The thesis is composed of six chapters, thematically organised into two parts: (1) On law as subject to change, On the change of object in general, and On the change of law in general; (2) On amendment in general, On amendment as an event in the system of law, and On amendment as conventional act.- Record ID
- UAM45cb38b2f1fa4b89b5969a955727e6d2
- Diploma type
- Doctor of Philosophy
- Author
- Title in Polish
- Nowelizacja jako sposób zmiany prawa. Studium z teorii legislacji
- Title in English
- Amendment as Method of Changing Law. A Study in Theory of Legislation
- Language
- pol (pl) Polish
- Certifying Unit
- Faculty of Law and Administration (SNs/WPriAd/FoLaA) [Not active]
- Discipline
- law / (law) / (social studies)
- Status
- Finished
- Year of creation
- 2014
- Start date
- 02-06-2014
- Defense Date
- 02-06-2014
- Title date
- 02-06-2014
- Supervisor
- URL
- http://hdl.handle.net/10593/10878 Opening in a new tab
- Keywords in English
- change of law; amendment; system of law; normative act; conventional act
- Abstract in English
- The main aim of the dissertation is legal-theoretical (legal-legislative) account of amendment. It is assumed that amendment amounts to a real change in the system of law (understood as, at least, a set of normative acts), and not merely a technique of editing legal texts. This determines a certain approach to persistence, in which the system and its elements retain their identity, despite the changes therein. The amendment is conceived of as a singular inter-systemic event, identified with a transformation within a text of a („amended”) normative act, which results from introducing a different („amending”) act into the system. Moreover, amendment as method of changing law turns out to be an aspect of amendment interpreted as an act, i.e. a singled out result of a base-act (which is the enactment of an amending act), in relation to which a higher-level conventional act of amendment is identified. Editorial technique proper to amendment may also serve the purpose of attaining (performing) other changes of law, eventually including even system replacement. The thesis is composed of six chapters, thematically organised into two parts: (1) On law as subject to change, On the change of object in general, and On the change of law in general; (2) On amendment in general, On amendment as an event in the system of law, and On amendment as conventional act.
- Uniform Resource Identifier
- https://researchportal.amu.edu.pl/info/phd/UAM45cb38b2f1fa4b89b5969a955727e6d2/
- URN
urn:amu-prod:UAM45cb38b2f1fa4b89b5969a955727e6d2