Determinanty procesu zmiany konstytucji

• Authors: Jarosław Szymanek

Title variants

EN

Determinants of the Process of Changing the Constitution

• Languages of publication: PL

Abstracts

EN

The article focuses on the issue of changing the constitution. It is assumed that the constitution has to be an act of a long-lasting force. Frequent amendments diminish both the legal and political status of the constitution. Thus, the amendment procedure should be limited by the constitution itself. Changing the constitution has to be something special. Nevertheless, every constitution must provide in its text for the possibility of amendment. These are the today's motivations driven by the desire to improve constitutions or to adapt them to the international standards (European). Exceptions include constitutions written from the very beginning. However, changing the provisions of the constitution is currently being carried out also in other forms than changing the text itself. Often, changes to the constitution are done through practice. For example, the changes result from court judgments, especially the constitutional courts. Note, however, that no matter what kind of an amendment, it is most often determined by the political circumstances. This is especially true when the change takes the form of a written amendments to the text of the constitution.

• Publisher: Kancelaria Prezesa Rady Ministrów
• Journal: Przegląd Legislacyjny
• Year: 2015
• Issue: PL 3(93)
• Pages: 9-31

Contributors

author

Jarosław Szymanek

• (Uniwersytet Warszawski – University of Warsaw)