system źródeł prawa

  • Akty o mocy ustawy w polskim porządku konstytucyjnym. Tradycja a współczesność

    Author: Sławomir Patyra
    Institution: Uniwersytet Marii Curie-Skłodowskiej
    Year of publication: 2014
    Source: Show
    Pages: 251-273
    DOI Address: https://doi.org/10.15804/ppk.2014.02.15
    PDF: ppk/18/ppk1815.pdf

    The issue of the place and role of the acts under the Act in order political system is important in the study of constitutional law, both in terms of the structure of the system of sources of law and system of government. The question of the issue by the acts of the executive authorities of universally binding law of the power of the law is in fact closely linked to the principle of separation of powers, namely the formula rationalization of law-making in a system of parliamentary government. Evidence of this act, that the greatest development of this type of legislation came in the first half of the twentieth century, acting in response to a profound crisis of parliamentarism functional in Europe. Acts under the Act are also a permanent place in the Polish political tradition. Introduced for the first time under the so-called novel in August of 1926, in various forms and with varying intensity continuously operate in the Polish system of sources of law until 1989. She received them the Small Constitution of 1992, as amended regulations with the force of law, issued by the Council of Ministers on the basis of parliamentary authority. The Constitution of 2 April 1997 reduced the role and importance of regulations with the force of law, reducing the possibility of their issuance by the President only for exceptional circumstances relating to the imposition of martial law and the inability to act of the Sejm. Because of the perceived need to rationalize more and more Polish law-making, it is appropriate to consider the possibility of widening the scope of application of the Regulations with the force of law in the Polish constitutional order, by granting the government the power to issue them under parliamentary authority, so that the formula adjusted relative to solutions that She received Small Constitution of 1992.

  • Akty prawa miejscowego wydawane przez organy stanowiące jednostek samorządu terytorialnego – wybrane problemy praktyczne

    Author: Grzegorz Koksanowicz
    E-mail: koksanowiczkancelaria@wp.pl
    Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
    ORCID: https://orcid.org/0000-0002-2076-1953
    Year of publication: 2020
    Source: Show
    Pages: 91-103
    DOI Address: https://doi.org/10.15804/ppk.2020.01.05
    PDF: ppk/53/ppk5305.pdf

    The article discusses the issues of the passing of local enactments by the bodies which constitute the units of the territorial local government. Considerations include both the analysis of the legal status and practice. The main problem which arises against that background is connected with the fact that the legislator applies a patchy legislative technique when authorising the territorial local government to independently regulate certain issues. Once, he definitely prejudges that the body of the territorial local government passes the regulation which is the act of local law; however, at other times he allows the addressees to settle that issue by themselves. In the latter case it causes serious problems in practice as the bodies of the territorial local government make diverging assessments in this matter. It leads to the inconsistent system of sources of the binding local law.

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