THE POSSIBILITY OF REVIEW BY THE CONSTITUTIONAL TRIBUNAL OF THE LEGISLATURE'S DISCRETION OVER IMPLEMENTATION OF PROGRAM NORMS (Mozliwosc kontrolowania przez Trybunal Konstytucyjny swobody ustawodawcy w zakresie realizacji norm programowych)

• Authors: Florczak-Wator Monika
• Languages of publication: PL

Abstracts

EN

The authoress deals with admissibility and possibility of review by the Constitutional Tribunal of the legislature's discretion over defining social and economic goals and selecting the means for their achievement, as well as reconciling contradictions between different goals ensuing from the program norms of the constitution. On the level of the basic law, social and economic goals are formulated mostly as program norms. Public authorities, including parliament, are obliged to undertake actions aimed at their accomplishment. The power to define social and economic goals falls within the scope of regulatory discretion of the legislature. Statutory goals, however, cannot stand in contradiction to constitutional goals. A norm of a statute which defines - directly or indirectly - a social and economic goal, may be found unconstitutional if the achievement of a goal defined by it prevent (or considerably obstructs) the accomplishment of a goal defined by the program norm of the constitution. On the basis of empirical knowledge, the Constitutional Tribunal may also review usefulness of means selected by the legislature for the implementation of goals resulting from constitutional program norms. Unconstitutionality of these norms may be declared if it is evident that they do not lead to the achievement of goals defined by the program norm. In the selection of these means, the legislature is obliged to respect other constitutional norms, principles and values as well as formal aspects of a democratic state ruled by law. In the event that the selected means impose limitations on constitutional rights and freedoms, such means may be reviewed by the Constitutional Tribunal in a broader scope, i.e. from the point of view of the principle of usefulness, necessity and proportionality in stricto sensu. It is the legislature's responsibility to reconcile the contradiction between the goals defined by two program norms, and such contradiction occurs when the means for achievement of the goal defined by one of the norms obstruct or prevent from accomplishment of the goal defined by the second norm. The Constitutional Tribunal has the power to review the way in which the legislature exercises this responsibility.

Keywords

EN

: CONSTITUTIONAL LAW; CONSTITUTIONAL COURT; LEGISLATURE' DISCRETION; PROGRAM NORMS

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Kancelaria Sejmu / Chancellery of the Sejm
• Journal: Przegląd Sejmowy
• Year: 2009
• Issue: 4(93)
• Pages: 111-127
• Document type: ARTICLE

Contributors

author

Florczak-Wator Monika

• Monika Florczak-Wator, Uniwersytet Jagiellonski, Wydzial Prawa i Administracji, ul. Bracka 12, 31-005 Kraków, Poland

Identifiers

CEJSH db identifier

09PLAAAA06656