sądownictwo konstytucyjne

  • Ostateczność orzeczeń Trybunału Konstytucyjnego w regulacjach obowiązujących przed 1997 r. oraz koncepcje ostateczności orzeczeń Trybunału Konstytucyjnego w trakcie prac Komisji Konstytucyjnej Zgromadzenia Narodowego i w projektach Konstytucji

    The aim of this publication is to discuss issues of finality of judgments of the Constitutional Court. Noticeable date in the history of this matter is year 1997, which is associated with the enactment of the Constitution. From beginning of the constitutional judiciary (since 1982) until the enactment of the Constitution of the Republic of Poland, a view of lack of need for any extra-parliamentary (and even more independent of parliament) forms of the constitutionality of legislation dominated the scene. And it was conditioned by the political system. This meant that the Constitutional Tribunal’s ruling of non-compliance with the provisions of the constitutional laws have been subjected to the control of the legislature. Work towards adoption of the new Constitution began as a result of a major political changes after 1989. Actual beginning of the work is dated on 7 December 1989, when Constitutional Commissions of each of the houses of the Parliament were appointed, and later on the Constitutional Commission of the National Assembly. It was during the work of the Constitutional Commission of the National Assembly when issue of finality of judgments was discussed. In this article I will discuss that discussion and introduce concepts of finality of judgments of the Constitutional Court in the drafts of Constitution, to finally present a model of finality of judgements adopted in the Constitution of 1997.

  • Konstytucyjne spory kompetencyjne (wybrane zagadnienia teoretyczne)

    This article applies to a few selected theoretical problems associated with the concept of conflict of jurisdiction between the highest authorities of the state. Polish Constitution entrusts the settlement of such conflicts to the Constitutional Court. In the initial section describes the author the various methods known in the history of the settlement of such conflicts. Next, the author tries to present different definitions of competence disputes concerning the interpretation and application of the Constitution (constitutional conflict of jurisdiction) and some of their typologies, as well as the political aspects and causes. The final part of the article contains a brief reflection on the assessment from a theoretical point of view, the applicable regulation in Poland (constitutional and statutory), as well as the proposals contained in the draft of the new law on the Constitutional Court.

  • Sądownictwo konstytucyjne w częściach składowych państw federalnych (na wybranych przykładach)

    This article presents in summary form the constitutional courts in units of selected federal states. Four examples are discussed in more detail: the United States of America, the Federal Republic of Germany, the Russian Federation and the Swiss Confederation. This article draws attention to the origin and development of constitutional adjudication in the federal units, then briefly discusses the organization and powers of constitutional courts, as well as identifies key areas of activity and grounds of the decisions/trends in the decisions. The article ends with the conclusion that the existence of constitutional judiciary at the level of the federal units is an important confirmation of their independence and a substantial guarantee of the normative character of their constitutions. Subnational constitutional courts operate too in many others federal countries.

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

    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

    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.

  • Znaczenie doktryny stare decisis dla sądowej kontroli konstytucyjności prawa USA – między stabilnością orzecznictwa a instrumentalizmem

    All American courts have a right to examine the conformity of legal acts with the Constitution as the basis for issuing a decision, creating a diffused system of judicial review. Court precedents and the stare decisis doctrine become the stabilizing factor of jurisprudence. However, it is not easy to make an unequivocal assessment of the role of the stare decisis doctrine for judicial review due to a number of factors that affect its significance. They include the formal lack of absolute nature of the court decisions, or the fact that the Federal US Supreme Court is not bound by its own rulings. The latter fact seems particularly important in the assessment of the subject matter in the context of considerable judicial activism and the way the judges are nominated and approved for, in principle, lifetime positions. In this publication, all the above-mentioned factors have been analyzed in order to assess the significance of the stare decisis doctrine for judicial review in the US as accurately as possible.

  • The Presidential and Semi-Presidential System of Government and the Model of Control of Legal Norms. Reflections on Political Dependencies

    The analysis focuses on the relations between the presidential and semi-presidential system of government and the model of control of legal norms. The authors formulate question, is there a correlation between these government systems and the model of constitutional review of the law? The authors argue that there is no such dependence. They justify that the system of government is created independently of the model of law constitutional re- view. They justify why it is and what are the consequences for the system of government.

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