Modele pozaparlamentarnej kontroli konstytucyjności prawa
Journal Title: PRZEGLĄD SEJMOWY - Year 2018, Vol 148, Issue 5
Abstract
The article presents models of extra-parliamentary constitutional review of law. The starting point is the methodological discussion of various concepts of the division and types of review, i.a. political vs judicial, strong vs weak, centralized vs decentralized. Most often the constitutional review of law is classified into American-type review (judicial review) and European-type review (review performed by constitutional courts). This dichotomous classification is often replaced with the categories of “dispersed review” and “concentrated review”, which is the most often classification, at the same time clearly expressing the features distinguishing the two review mechanisms. While the American model does not raise serious discussions, the European model — also referred to as Kelsenian or Austrian model — is controversial. It can be subclassified into original (pure) model and its various mutations, referred to as the mixed European model of the constitutional review of law, most often applied in practice. Moreover, other types of review are also applied in Europe, hence the French and the Scandinavian models are also sometimes distinguished. Regardless of the classification, all review models are now being homogenized. This means that the review is performed by the courts (concrete review is introduced), the protection of rights and freedoms of an individual is emphasized, and political consequences of constitutional review are becoming more significant, as a result of which the organ performing the constitutional review becomes a political, active authority within the state.
Authors and Affiliations
Jarosław Szymanek
Keywords
Related Articles
- EP ID EP456900
- DOI 10.31268/PS.2018.20
- Views 64
- Downloads 0
Znaczenie wyroków Trybunału Konstytucyjnego dla tekstu jednolitego ustawy, red. Marzena Laskowska
The reviewed book titled The significance of judgments of the Constitutional Tribunal for the consolidated text of an act was written by several authors and edited by Marzena Laskowska. It discusses many important aspect...
Rozumienie godności człowieka i jej znaczenie w procesie stanowienia i stosowania prawa. Propozycja testu zgodności regulacji prawnych z zasadą godności człowieka
In the Preamble of Constitution of the Republic of Poland the inherent dignity of the person is a value that limits application of all norms, including the constitutional ones. Human dignity referred to therein is dignit...
Powstanie Republiki Czechosłowackiej po I wojnie światowej i znaczenie rewolucyjnego Zgromadzenia Narodowego w tym procesie
Soon after the First World War broke out in 1914, both in the country and abroad a movement was formed aimed at establishing an independent Czecho-Slovak state. It was hoped that Austria-Hungary would collapse and German...
Rozliczalność jako element jakości procesu demokratycznego w systemie instytucjonalnym III Rzeczypospolitej
The term “accountability” refers to a manner of assuming responsibility, in particular a relevant verification of particular actions and processes located in time and assigned to a concrete subject. Usually the following...
Prawo wyborcze do Sejmu Ustawodawczego
The legislative works conducted by Jędrzej Moraczewski’s government were a key element of the process begun in the fall of 1918, aimed at establishing a democratic electoral law to the constituent assembly, including bot...