Racjonalność pracodawcy a odpowiedzialność za „bubel ustawowy”

Abstract

The article touches upon two essential problems of law making: rationality and responsibility of the legislator. The lawmaker’s basic goal should be the establishment of a rational system of norms. It is possible for the legislator to achieve that goal only by the observance of the same simple rules that could be enumerated in the following way: 1. defining the aim of issuing an act of law, 2. formulating adequate measures, 3. pointing at relations between that aim and measures having regard for social, economic, political and legal background, 4. issuing an act of law. However, there is still possibility of creating defective, faulty act of law. That is the reason, for which the article also touches upon the problem which ought to be thoroughly studied, namely the liability for damage caused by the legislator.