The constitutional crisis in Poland as a negative model of Hans Kelsen’s constitutional judiciary idea
Journal Title: Polish Law Review - Year 2016, Vol 2, Issue 1
Abstract
In the face of constitutional crisis in Poland, initiated in 2015 and ongoing to this day, it is essential for academics to describe legal events and rationales constituting the crisis using such measures so that issues associated with the crisis are descried in the most objective manner possible. This paper attempts to describe the rationale and activities of antagonistic parties to the dispute from the perspective of relevant issues, which one of the most prominent authors of the European idea of constitutional judiciary - Hans Kelsen pointed out in his paper “Essence and development of constitutional judiciary”, already in 1928. Deliberations covered in this article focus - from general issues - on the issues of systemic political motives as a threat to the guarantee of compliance of normative acts with the Constitution and issues relating to the authority competent to repeal unlawful acts. It also discusses specific problems concerning personal substrate of constitutional court, as well as the related issue of the presumption of constitutionality, and publishing of the court’s judgments. Comparison between topics undertaken by Kelsen with aspects of the constitutional crisis allows to draw a general conclusion that the actions of policy makers resembles a negative model of Kelsen’s idea of effective constitutional judiciary.<br/><br/>
Authors and Affiliations
Sławomir Piekarczyk
Keywords
Related Articles
- EP ID EP188152
- DOI 10.5604/24509841.1232096
- Views 106
- Downloads 0
Human rights in relation to NBIC convergence
The tumultuous development of science and technology, which we are witnessing, is undoubtedly one of the most characteristic features of modernity. Icons that symbolize everyday revolutions that successively change our v...
Protection of cultural identity designs – a universal necessityShould a cultural intellectual property right be constitutionally recognized?
Protection of cultural identity designs is a necessity in today’s society and should be the subject of a joint European cultural policy. Always present not only in the fashion industry but also in all the creative indust...
Opinia o Nowelizacji - oddalamy się od Europy
Zamieszanie prawne jakie spowodowało polityczne zawirowania wokół wyboru sędziów Trybunału Konstytucyjnego trwa w Polsce już prawie rok. Niestety nadal nie widać finału sporu. W próbę jego rozwiązania zaangażowały się ni...
Evidence-Based Law – selected aspects
evidence-based law (EBL) concept is one of the ways to apply in practice the principles of naturalization. This article summarizes the advantages and limitations of EBL. For the systematization of the analysis, two areas...
Inheritance by the deceased's grandparents in Polish civil law
This article analyzes the principles of statutory inheritance of the deceased's grandparents. It has been shown that their situation has improved as a result of recent changes in the Polish Civil Code. However, increased...