Czy ustawa z dnia 5 stycznia 2011 r. Kodeks wyborczy może być zmieniona w okresie stanu nadzwyczajnego? Uwagi na gruncie art. 228 ust. 6 Konstytucji RP
- Institution: Uniwersytet Szczeciński
- Year of publication: 2016
- Source: Show
- Pages: 27-39
- DOI Address: https://www.doi.org/10.15804/ppk.2016.04.02
- PDF: ppk/32/ppk3202.pdf
Whether the Electoral Code of 5th January 2011 could be changed during the emergency state? Comments based on the provision of the Article 228 section 6 of the Polish Constitution
The article deals with the question, whether the limitation of particular laws’ amendments, sourced from the provision of the Article 228 section 6 of the Polish Constitution, covers the provisions of the Electoral Code or could that Code be changed during the state of emergency. The question is especially significant, because the above mention provision uses term of ‘electoral ordinance’ which is not used in the title of that Code. Formal and strict reconsideration of that’s question could mislead us to the conclusion, which says that the Codes’ changes are acceptable during the state of emergency. The Author, falsifying that thesis, advocates in favor of other conception, which explicitly express that neither the Codes’ nor its executives acts’ changes are acceptable during the state of emergency. The same limitation binds all legislative works connected with those legal acts, which shall be suspended.