Kontrola konstytucyjności klauzul generalnych

• Authors: Monika Florczak-Wątor

Title variants

EN

Review of Constitutionality of General Clauses

• Languages of publication: PL

Abstracts

EN

In the judicial practice of the Constitutional Tribunal, the review of constitutionality of general clauses involves several problems caused both by an insuffi ciently-defi ned character of those phrases and by an-extra-legal reference contained therein. The extent of review covers the entire provision of law including a general clause, which makes it possible to assess the clause in the legal environment in which it is situated. Indirectly, the review embraces the standards and values to which the clause refers. The Tribunal reviews not only the quality of general clauses, expressed by indefi niteness of terms used by the lawmaker, but also the predictability of the line of assessment taken in the course of their application. Another important factors in an assessment of their constitutionality are: the status (within the system of government) of an entity authorized to assign a specifi content to the general clause and the contestability of decisions of that entity in the course of proceedings.

Keywords

EN

review of constitutionality of laws; general clauses; indefi nitely-defi ned terms; referring provisions; fl exibility of law; application of law; Constitutional Tribunal

• Publisher: Kancelaria Sejmu / Chancellery of the Sejm
• Journal: Przegląd Sejmowy
• Year: 2013
• Issue: 4(117)
• Pages: 49-64

Contributors

author

Monika Florczak-Wątor

• Dr, Uniwersytet Jagielloński,