Zakaz retroakcji Konstytucji

• Authors: Marcin Wiącek

Title variants

The Principle of Non-Retroactivity of the Constitution

• Languages of publication: PL

Abstracts

The Constitution of 2nd April 1997 entered into force on 17th October 1997. The Article concerns the question whether the 1997 Constitution may be applied to the review of public acts (normative or individual), situations, legal actions etc. which were enacted or took place prior to the Constitution’s entry into force. The Constitution does not contain any provision that would explicitly vest with courts (or organs of public administration) the power to apply the Constitution retroactively. For that reason, in the Author’s opinion, the Constitution should be applied in compliance with the general principle of the non-retroactivity of law which stems from Article 2 of the Constitution (the principle of the democratic State governed by the rule of law).

• Publisher: Kancelaria Prezesa Rady Ministrów
• Journal: Przegląd Legislacyjny
• Year: 2014
• Issue: 4(90)
• Pages: 9-24

Contributors

author

Marcin Wiącek

• (Uniwersytet Warszawski – University of Warsaw)