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2019, t. 2, nr 2 (4), poz. 30
2019, Vol 2, No 2 (4), item. 30
2019-12-07
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Maurycy Allerhandschool

Against the uniformity of the case law

The article is an intervention of an outstanding lawyer about the unification trends in the jurisprudence of the Second Polish Republic brought about by the judicial activity of the Supreme Court. It was published in “Głos Prawa” in 1929, issue 9-10 (pp. 196-198), but it was not the first intervention on this subject. Already in the first year of the publication of “Głos Prawa”, this issue was raised in an important and interesting article entitled “For the Supreme Court” by the editor Anzelm Lutwak (see “Głos Prawa” 1924, issues 9-10 and 11-12). After the publication of Professor Allerhand’s opinion, several polemics were submitted to the “Voice of the Law”, including one entitled “For the uniformity of jurisprudence” by Czesław Poznański, a Warsaw lawyer, who raised some counter-arguments (“Głos Prawa” 1925, issues 13-16, pp. 288-291). The polemic was partly concerned with the theses of Doctor Lutwak, but – as he noted in the editorial note – “the conclusions that I have reached and which I am yet to supplement are somewhat different in terms of background, assumptions and direction of thought from those of Professor Allerhand”. Indeed, while Allerhand clearly opposed the unification of the case law, Lutwak appreciated the so-called “today’s line of precedents”.


This note has as it aim to signal the problem rather than to present the entire discussion on this issue in the press and legal magazines of the Second Polish Republic for it goes beyond its scope.


Keywords: case law, Supreme Court, unification of the jurisprudence, judicial independence

 

This article is published in Polish.