NADUŻYCIE KOMPETENCJI. ZARYS PROBLEMU

Abstract

The paper is an attempt to describe the phenomenon o f the misuse of power when using conceptual instruments of law theory. In the authors view, the misuse of power is a specific type o f an improper exercise o f power, which nevertheless, prima facie, appears to be exercised properly. What makes the misuse of power a prima facie proper exercise of power is that it does not meet the requirements that are difficult to perceive: the requirement of the entity carrying out a given act to have the appropriate intent and the requirement of the act to bring about the relevant effects in the real world. These requirements are not o f a formal nature, which is also why an act constituting a misuse of power is a correct act from a formal perspective, while it is questioned on the grounds of the non-fulfilment of substantive requirements. When describing the phenomenon of the misuse of power, the author makes use of the concept of conventional acts and the concept of speech acts.