Rozporządzenia nienormatywne na tle konstytucyjnego systemu źródeł prawa

• Authors: Wycichowski-Kuchta Gniewomir

Title variants

EN

Non-normative regulations in the context of the constitutional system of sources of law

• Languages of publication: PL

Abstracts

EN

The paper aims to describe dissonance within the Polish constitutional system of sources of the law caused by the existence of so-called „non-normative regulations”. Although the Polish Constitution requires them to be sources of law, those regulations are, in fact, acts of application of the law. Due to that fact, it is needed to organize and systematize the knowledge about this rupture within the system of sources of law and an attempt to propose a coherent approach to them in the context of a model of the system of sources of law that results from the Constitution. It is easy to notice the dissonance between the doctrine postulating to treat them as one-off acts of applying the law and the case law and practice, which treat non-normative regulations „as if ” were normative regulations referred to in art. 87 (1) and art. 92 (1) of the Constitution (though not always uniformly and consistently). Therefore, it is necessary to: analyze a notional pre-field (in particular, indicate the features of a normative act), place non-normative regulations in the legal system, discuss examples of such regulations, indicate the consequences that should result from recognizing a non-normative regulation as an act of applying the law, and describe the exact relationship with the constitutional provisions that relate to regulations.

• Publisher: Kancelaria Prezesa Rady Ministrów
• Journal: Przegląd Legislacyjny
• Year: 2022
• Issue: PL 3 (121)/2022
• Pages: 58-92

Contributors

author

Wycichowski-Kuchta Gniewomir

• Uniwersytet Warszawski - University of Warsaw