Relations between the principles of proper legislation  and the principles of legislative techniques in the process of law-making

Meaning of the principles of legislative techniques (PLT) and the principles of proper legislation (PPL) should be regarded as a key to the process of lawmaking. These rules are often a guarantee for the protection of human rights. The principles of good legislation are inferred by the Constitutional Court of Art. 2 of the Polish Constitution (the democratic rule of law). The principles of legislative techniques are included in the Annex to the Regulation of the Prime Minister Council of Ministers dated on 20 June 2002 on the principles of legislative technique. The paper presents a characteristics of both disciplines taking into account their specificity and historical background. It was also shown that by joint application of PPL and PLT and their inseparable correlation legislator may establish acts that will guarantee the protection of human rights and will protect the interests of the State. The Author also identified benefits which derive form joint application of both sets of legislative rules and principles.

Constitutional Complaint as a Means of Human Rights Protection. Contribution to the discussion

At the turn of the 19th and 20th centuries, regulating rights and freedoms, and in particular the means of their ensuring, was the essence of constitutionalism. Recently, in Poland there is a rising wave of critique of the way constitutional complaint is regulated by law. In its current shape, as provided in the Article 79 of the Polish Constitution, it cannot fulfil its basic function, which is the protection of human rights. A reform that would widen the subjective scope of the protection that grants rights for lodging a complaint against law enforcement acts is required. Similarly unfavourable for the protection of human rights in the proceeding initiated by a complaint is the use of Article 190, section 3 of the Constitution and this is the reason why the “privilege of benefits” should be positively assessed. The essence of the complaint, as a means of human rights protection, is negated by the Supreme Court of the Republic of Poland, which ruled of the possibility of applying Article 190, section 4 of the Constitution in the case when the Polish Constitutional Tribunal passes a so-called interpretative judgement. In the current state of law and considering the position of the Supreme Court, a reform of the constitutional complaint seems the more necessary. Thus, it shall comply with the vision of the contemporary constitutionalism.

Participation of local government in the protection of human rights

Local government units perform a number of tasks which, in consequence, have an impact on the quality of life of the local community. Importantly, the tasks that are carried out by the local government very often remain closely related to each other, because the correct implementation of one task may be related to the implementation of other own tasks. This is also the case when local self-governments fulfill their positive and negative obligations in the field of human rights protection.