Uwagi o konstytucyjnym systemie źródła prawa, ze szczególnym uwzględnieniem prawa miejscowego

• Authors: Szymanek Jarosław

Title variants

EN

Observations on the constitutional system of the source of law, particularly regarding local law

• Languages of publication: PL

Abstracts

EN

The article presents the specificity of local law, also known as local or territorial law, aga¬inst the background of the general characteristics of the system of sources of law, carried out in the Constitution of the Republic of Poland of April 2, 1997. The starting point is the analysis of the regulations of chapter three of the constitution, which is a complete novum in the context of Polish constitutionalism. For the first time, the Polish legislator decided to carry out a quite comprehensive, considering the conditions of the consti¬tution, specification of the sources of law and also conducted it in a separate chapter, dedicated only to these issues. In the doctrine and practice of applying the constitution, the constitutionalization of the issue of sources of law is evaluated positively. It is indi¬cated that it ordered the process of law-making and application and, at the same time, was an important part of the so-called internationalization of the constitution. During the regulation of sources of law also the local law, for the first time, gained the status of law, established at the level of the constitution (its current position was the result of the views of doctrine, case law and, above all, the practice of law-making). According to the constitution, an act of local law is: 1) a generally applicable act; 2) with local (territorial) validity; 3) of a sub-statutory nature, established on the basis and within the limits of the act; 4) established by local government bodies or local government administration bodies; 5) requiring proper announcement.

• Publisher: Kancelaria Prezesa Rady Ministrów
• Journal: Przegląd Legislacyjny
• Year: 2023
• Issue: PL 4 (126)/2023
• Pages: 9-34

Contributors

author

Szymanek Jarosław

• Biuro Analiz Sejmowych Kancelarii Sejmu - Sejm Analysis Bureau at the Chancellery of the Sejm