Portal de Periódicos da CAPES

Zwyczaj jako kreator normy prawnej na przykładzie regulaminu Sejmu

2024; Wydawnictwo Adam Marszałek; Volume: 77; Issue: 1 Linguagem: Inglês

10.15804/ppk.2024.01.03

2082-1212

Agnieszka Kalinowska-Wójcik,

European and International Law Studies

Parliamentary custom has been present in modern parliament since its inception. The functioning of the British or German parliament shows that customs can co-create or supplement parliamentary procedure. In the Polish parliament, customs also regulate a number of proceedings. The subject of this article is the custom found in the practice of the lower house of the Polish parliament – the Sejm. Examples of customs that have been transformed into norms of the Sejm’s rules of procedure despite their long practice are indicated and discussed. However, the analysis of these examples does not give a clear answer to the question of the reasons for turning custom into law. It shows the inconsistency and discretionary nature of the changes. It is also in vain to find purposefulness and consistency in the creation of norms on the basis of custom.