Konstytucyjna konstrukcja upoważnienia do stanowienia aktów prawa miejscowego przez organy samorządu terytorialnego
The Constitutional Model of an Authorization to Issue Enactments of Local Law by Organs of Local Self-Government
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This study aims to analyse the model of an authorization to issue enactments of local law by organs of local self-government, as stipulated in the Constitution of the Republic of Poland of 2 April 1997. Pursuant to Article 94 of the Constitution, an authorization to issue enactments of local law must be based on and within the limits specified by a statute. The principle of exclusivity of a statue is of crucial importance for the constitutional model of an authorization to issue enactments of local law by organs of local self-government. The scope of a matter, which may be delegated by the legislature on the local self-government organs, depends on its subject. With regard to the details, the Constitution has not set a single standard for an authorization to issue enactments of local law by organs of local self-government. Dependent on the matter delegated by the legislature, the degree of specificity of the mandate for enactments of local law by local self-government bodies will require an assessment a casu ad casum.
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