Repository of University of Wroclaw

Object structure

click here to follow the link

The role of judicial conscience clause in the Polish legal order

0000-0003-3244-248X

conscience clause judicial conscience exclusion of a judge impartiality

Subject of study: This article is devoted to the theoretical considerations on the judicial conscience clause. It presents a definition of a “conscience clause” and “conscience”. Additionally, the basic rules of adjudication are distinguished and juxtaposed. Next, the subject of study was to analyse the possible impact on selected entities (judge, parties to the proceedings, and society) that would be associated with the introduction of the conscience clause. Aim of study: The principal aim of this study was to demonstrate the potential benefits that would entail the recognition of the conscience clause. Furthermore, this study aimed to make evident the conflict of values occurring in the applicable rules of adjudication. It was equally important to lend credence to the legal possibility of putting this regulation in place. The actions taken resulted in an attempt to finally declare for or against the recognition of the judicial conscience clause. Method of study: This article was prepared based on the review of the ethics-oriented scientific works from the legal discourse. The implementation of the assumed plan was possible due to studying the following literature and provisions: 1) the literature associated with the judge’s ethics and studies on the conscience clause, 2) the national and international provisions relating mainly to the liberty rights and judge’s duties and 3) psychological publications. Results: The result of this study was to demonstrate a significant impact of the judicial conscience clause not only on the judge, but also on the parties to the proceedings and the society.. The legal possibility to implement this regulation in the legal system was also justified. The final part of the article summarises the actions taken and supports the recognition of the judicial conscience clause.

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

10.34616/fiuw.2020.2.181.203

click here to follow the link

www.fiw.prawo.uni.wroc.pl

Folia Iuridica Wratislaviensis

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

Making materials available on the basis of the agreement with the owner of the property copyrights

Copyright by Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Library of the Faculty of Law, Administration and Economics