Justice of the Peace Courts in Poland. Legal and Linguistic Considerations on a Legal Transplant in Progress (or Gone Wrong?)
Year: 2026
Type: article
Abstract: The present research paper is a case study of the attempted introduction of justice of the peace courts in Poland. It takes the English prototype of this institution as a reference point. The paper seeks to analyse the above idea using the conceptual framework of comparative law’s legal transplants paradigm, seldom invoked in Polish legal scholarship, and also to delve into the meaning of the very term “justice of the peace.” In this way, it emphasises the need to pay attention to what content various legislative proposals veil behind this catchphrase and how much they depart from the English prototype, especially concerning the justices’ legal background and their related representativeness for the local community. Furthermore, using the toolkit offered by the legal transplants paradigm, the paper attempts to draw some lessons that can be useful if the transplant process is resumed in the future, at the same time pointing to the usefulness of this approach for analysing transfers of foreign law elements into the Polish legal system
Source: ADR Arbitraż i mediacja
Author: Przemysław Kusik
Institution: Uniwersytet Komisji Edukacji Narodowej w Krakowie
Language: English
Topic: Polish Law and Legal System
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7203479550