praktyka konstytucyjna

  • Sądownictwo konstytucyjne w państwach poradzieckich. Analiza porównawcza2. Część I

    Author: Jacek Zaleśny
    E-mail: zalesnyjacek@gmail.com
    Institution: Uniwersytet Warszawski
    ORCID: https://orcid.org/0000-0002-8231-4445
    Year of publication: 2019
    Source: Show
    Pages: 137-164
    DOI Address: https://doi.org/10.15804/ppk.2019.02.09
    PDF: ppk/48/ppk4809.pdf

    Article discusses the problem of constitutional judiciary in post-Soviet states. The author formulates a thesis that constitutional courts in post-Soviet states were supposed to create proper conditions for the primacy of the constitution in the system of normative acts and its direct effect on legal relations taking place in the state. It was expected to guarantee the freedom and rights of an individual. The radiation of the constitution onto the whole of legal, political, economic or social relations occurring in the state promotes the stability of the state’s political system, the protection of values important for the citizens. The author formulates a thesis that to make it happen, proper political conditions are necessary and within them – the control of the new normative acts in the context of their compatibility with the laws of higher legal force, including above all the constitution. The text consists of two parts. The first part concerns reasons for introducing the control of legal norms and the position of constitutional courts in the political systems of post-Soviet states. In the part II of the text are analyzed functions of constitutional courts, political influence of constitutional courts. The second part of the text also include the conclusions.

  • Sądownictwo konstytucyjne w państwach poradzieckich. Analiza porównawcza. Część II

    Author: Jacek Zaleśny
    E-mail: zalesnyjacek@gmail.com
    Institution: Uniwersytet Warszawski
    ORCID: https://orcid.org/0000-0002-8231-4445
    Year of publication: 2019
    Source: Show
    Pages: 13-39
    DOI Address: https://doi.org/10.15804/ppk.2019.03.01
    PDF: ppk/49/ppk4901.pdf

    Article (whose first part was published in the previous volume of „Constitutional Law Review”) discusses the problem of constitutional judiciary in post-Soviet states. The author formulates a thesis that constitutional courts in post-Soviet states were supposed to create proper conditions for the primacy of the constitution in the system of normative acts and its direct effect on legal relations taking place in the state. It was expected to guarantee the freedom and rights of an individual. The radiation of the constitution onto the whole of legal, political, economic or social relations occurring in the state promotes the stability of the state’s political system, the protection of values important for the citizens. The author formulates a thesis that to make it happen, proper political conditions are necessary and within them – the control of the new normative acts in the context of their compatibility with the laws of higher legal force, including above all the constitution. This part of the text analyzes the functions of constitutional courts and their political roles in post-Soviet states. Conclusions regarding both parts of the text. First part of this paper was published in „Przegląd Prawa Konstytucyjnego” 2019, no. 2, pp. 137–164.

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