ABSTRACT
The article discusses the role of courts in civil law culture using examples of rulings from Polish courts. The study focuses mainly on the relationship between the courts and the legislature and on judicial competencies regarding the interpretation of law and law-creating activities. There is no uniformity of approaches to this matter within the judiciary. Despite being part of the civil law system, Polish courts often grant themselves law-creating powers and the right to modify laws established by the legislature according to their values and beliefs. The following models of the role of courts may be identified in Polish case law: 1) the faithful (honest) agent model, 2) the legal system harmonizer model, 3) the justice-making model, as well as hybrids of such approaches. Research leads to conclusions that may be generalized beyond the local context. First, different assumptions of the role of courts taken by judges affect final decisions in the adjudication process. These assumptions are one of the reasons why different decisions are made in similar cases. Second, the variability of approaches to the role of courts adopted by judges is not related to belonging to a specific legal culture but is rooted in the very nature of the judiciary. Contrary to common intuitions, there are no decisive differences between civil law and common law culture in this matter.
Pietrzyk, Mikołaj, Role of Courts and Interpretation in Civil Law Culture (November 2, 2023).
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