Constitutional Court Ruling with Constitutional Defectiveness. Theoretical Perspective
- Institution: Uniwersytet Marii Curie-Skłodowskiej
- ORCID: https://orcid.org/0000-0002-4802-3346
- Year of publication: 2024
- Source: Show
- Pages: 293–302
- DOI Address: https://doi.org/10.15804/ppk.2024.05.21
- PDF: ppk/81/ppk8121.pdf
The article attempts to analyze the issue of the systemic effects of the constitutional defects of a constitutional court’s ruling on the legal order of a constitutional state. This systemic problem, relatively rarely observed in practice – characteristic in the sense of a model analysis for constitutional crises – however has occurred in recent years, among others, in Poland, which causes many theoretical and consequently practical problems that require solution. The study is a voice in the discussion in this area, adopting a theoretical perspective for the analysis of these issues, based primarily on contemporary general and specific assumptions of the constitutional theory.