Interpretacja konstytucji: warianty teorii i praktyki na przykładzie Konstytucji RP z 1997 roku

• Authors: Szymanek Jarosław

Title variants

EN

Interpretation of the Constitution: Theoretical and Practical Variants Based on the Example of the Constitution of the Republic of Poland of 1997

• Languages of publication: PL

Abstracts

EN

The author examines the complex issue of interpretation of the constitution, based on the assumption that only the interference of the content of the constitution in practice creates a constitution. As Michel Troper pointed out , there is no constitution without interpretation, but only its text which provides the starting point for various interpretative actions aimed at deriving specific norms from the literal directives of the basic law. Interpretation is an obligatory element in the application of the constitution, without which the constitution may only be in force, but cannot be applied. There are many forms of interpretations of the constitution, but in practice the basic two include the judicial and political (practical) ones. The first one is the expression of the operation of the courts, and especially the constitutional tribunals which naturally interpret the constitution, detailing the meaning of the provisions contained therein. It may have the status of passive interpretation, where the tribunal moderately develops the text of the constitution, or the status of active interpretation, where the role of the constitutional court is more creative, and the court itself becomes at least a co-author of the system of government. Political interpretation is made in practice, and it is made by entities applying the constitution, it can have different variants, sometimes considerably departing from the content of the constitution or the intentions of its creators. Each interpretation modifi es the original text of the constitution, which can be proved by examples with reference to the Polish constitution of 1997. The most meaningful example of the corrective way of reading the text of the constitution is the interpretation of Article 125, regarding the so-called referendum on matters of particular importance to the state. The original intention of introducing this referendum was to „detach” it from the mode of amending the constitution, specifi ed separately in Article 235. In the practice of the application of the constitution, the separation of the referendum on matters of particular importance to the state from the constitutional referendum was unsuccessful, as manifested by various initiatives to use Article 125 with the assumption that this would lead to a change (partial or total) of the current Constitution of the Republic of Poland.

Keywords

EN

constitution; interpretation of the constitution; review of the text of constitution; practice of applying the constitution

• Publisher: Kancelaria Sejmu / Chancellery of the Sejm
• Journal: Przegląd Sejmowy
• Year: 2017
• Issue: 6(143)
• Pages: 151–176

Contributors

author

Szymanek Jarosław

• Dr hab., prof. Uniwersytyetu Warszawskiego