RATIO LEGIS EST ANIMA LEGIS A POTRZEBA ISTNIENIA I WZMACNIANIA PAŃSTWOWEJ SŁUŻBY KONSERWATORSKIEJ W POLSCE

• Main Author: Piotr Dobosz
• Format: Article
• Language: English
• Published: Lublin University of Technology 2016-05-01
• Series: Ochrona Dziedzictwa Kulturowego
• Subjects: protection of monuments and sites; cultural heritage; state historic preservation service; ratio legis est anima legis („reasoning is the soul of legal acts”)
• Online Access: https://ph.pollub.pl/index.php/odk/article/view/96

This article focuses on the Latin legal maxim read as „ratio legis est anima legis.” It needs to be emphasised that, unless they are well-considered, no approval will be granted to acts which are invalid from legal and formal perspective or under which legally incorrect substantive solutions are to come into force. The author of this article claims that Polish central government may prove useful in the field of protecting historic monuments and sites. Furthermore, the article also explores experiences through which the German government went in the areas pertaining to constitutional law and organisation of German (federal and lance) historic preservation administration. In the conclusion, the author summarizes his deliberations on the Polish model of administrative bodies responsible for conservation and protection of historic monuments and sites.