Interpretative Discretion of Judiciary and the Well-Being of the Child

This article looks at how Polish courts use their discretion when interpreting the idea of the 'well-being of the child'. It examines decisions of the Supreme Court, the Supreme Administrative Court and the Constitutional Tribunal. The author tries to describe what this interpretative discretion is in cases that focus on the child's current situation and on what situation is desirable for the child. The aim is to understand how courts reach the most favourable ruling for the child.

Key points

• The well-being of the child is a common criterion in many Polish legal regulations across different branches of law.
• It is used by law-making and executive bodies to direct law-applying bodies towards full protection of the child.
• The analysis covers decisions of the Supreme Court, the Supreme Administrative Court and the Constitutional Tribunal.
• The author aims to determine the essence of judicial interpretative discretion in cases about the child's current and desired situation.

Limitations

Only a short abstract is available, so the specific findings, methods and conclusions of the analysis are not known. It concerns Polish law and does not evaluate an intervention or measure outcomes for children.