Krytyka Prawa. Niezależne Studia nad Prawem
Imposybilizm prawny a rozliczalność administracji
Akademia Leona Koźmińskiego
Abstract
The purpose of the article is to present selected aspects of the issue of legal (administrative and legal) impossibility and to propose structural solutions that can contribute to reducing the scale of that negative phenomenon. Firstly, the article refers to the causes of legal impossibility and its form. Next, a structural solution that has been used and verified in developed administrations, that is, the accountability of administration, was presented, and its application to Polish administrative law was proposed. The study includes the use of, among other things, the method of transferring management solutions to administrative law. In the paper, a thesis was formulated that a systemic and correct introduction of the institution of the accountability of administration into the Polish system of administrative law (in the form of proper structural norms) may significantly contribute to reducing the scope of legal impossibility. The reflections presented in the article are provided in two dimensions – one that is formal and dogmatic and another that concerns legal realism.