JUDICIAL CONTROL OF THE CONSTITUTIONALITY OF THE LAW (Sadowa kontrola konstytucyjnosci prawa)
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In the majority of the continental Europe countries, judicial control of the constitutionality of the law is exercised by a special body of the judicial branch - the constitutional court, which in Poland is the Constitutional Tribunal. The Tribunal is an autonomous state body, independent of the legislative and executive branches. It examines whether legal acts, international agreements and other normative acts are compliant with the Constitution of Poland, it examines constitutional complaints, whether the objectives and activities of political parties are compliant with the Constitution; it settles competence disputes among central state bodies and gives a decision as for obstacles of the President of Poland to perform duties. The author presents the specifics of the Tribunal and the evolution of its role after political transformations in Poland. He also discusses the mandate of the Tribunal and the nature of its decisions.
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