PL EN


2009 | 8 | 235-256
Article title

Wybrane konstytucyjne prawa i wolności w orzecznictwie Trybunału Konstytucyjnego w latach 1986–1997

Authors
Content
Title variants
Languages of publication
PL
Abstracts
EN
The Constitutional Tribunal started its activity in 1986, when 1952 Stalin constitution was in power. In this constitution the problem of citizen’s rights and civic liberties was regulated in the different way than in present constitutions. The constitution of Polish People’s Republic used general, not precise legal expressions and the catalogue of those rights and freedoms was limited, of a declaratory character. The constitutional provisions were formulated in this way that they were showing the directions of state’s policy, but they didn’t proclaim rights, which you could execute. In fact there was no institutional guaranties of freedoms. This shape of constitution was a result of socialist foundations of this act. The constitution in a socialist state had rather ideological, not legal character. The judgements of the Constitutional Tribunal are very characteristic. Between years 1986–1989 the Tribunal tried to interpret the existing constitutional norms (restrictive interpretation). After constitutional changes in the end of 1989, when Poland was declared to be the “democratic state of law”, the interpretation changed. The role of the Constitutional Tribunal has increased significantly. The Tribunal tried to derive the constitutional liberties from the rule of the “democratic state of law”.
Year
Volume
8
Pages
235-256
Physical description
Dates
published
2009-01-01
Contributors
author
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.ojs-issn-1732-9132-year-2009-volume-8-article-342
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