Ustawa a bieżące potrzeby prowadzenia polityki państwa

• Authors: Marek Zubik

Title variants

EN

Statute Versus the Current Need for a National Policy

• Languages of publication: PL

Abstracts

EN

The author agrees with the argument that the Constitution uses the concept of Statute which operated throughout the period of the twentieth century. He also points out the dilemmas associated with the assessment of its normative significance. The author indicates the difference between legal sciences and the practice in Poland, as far as the content of statutes is concerned. The article focuses on the analysis of the two specific problems which were previously examined by the Legislative Council and the Constitutional Tribunal. Firstly, the author explains how to determine the addressees of the statutory norms. He supports the practice in which the parliament determines the standards’ addressees through their generic features. He argues that it is unacceptable to create laws for the recipients characterized as convicted individuals. Further, the article analyses the tendency to make statutory regulations that, not only incidentally, but also directly interfere with the affairs of the public policy. These issues are vested by the Constitution with the executive branch – the Government.

• Publisher: Kancelaria Prezesa Rady Ministrów
• Journal: Przegląd Legislacyjny
• Year: 2014
• Issue: 2(88)
• Pages: 9 – 22

Contributors

author

Marek Zubik

• Uniwersytet Warszawski [University of Warsaw]