Pro-constitutional interpretation in the judicial process of applying the law : a contribution to the discussion

The article presents the results of preliminary studies of the matter of the judicial application of a pro-constitutional interpretation. The considerations have been divided into two parts. The first part of the article includes an analysis of the case-law of the Polish Supreme Court and the Polish Constitutional Tribunal. The author identifies some interpretative situations, in which a pro-constitutional interpretation is or, according to the Polish Supreme Court or the Polish Constitutional Tribunal, should be applied by the courts. In the second part of the article, the author attempts to answer the question of whether the judicial understanding of the notion of pro-constitutional interpretation is adequate from the point of view of the intended objective of its application. The analysis shows that there is no single, coherent conception of applying such an interpretation. The differences include not only the scope of the pro-constitutional interpretation in the process of the judicial application of the law, but also its functions and the way in which it is applied. According to the author, the pro-constitutional interpretation understood as the process of interpreting normative acts taking into account constitutional norms, principles and values is a necessary element in the process of directly applying the Constitution. The application of an interpretation of this kind should start with the choice of relevant interpretative directives derived from the Constitution