Results found: 2

Search results

Sort By:

Limit search:

THE CONSTITUTIONAL SYSTEM OF SOURCES OF LAW AND THEIR UNIVERSAL CHARACTER

100%

Sarnecki P.

Archivum Iuridicum Cracoviense

2006

vol. 39-40

5-21

The Polish Republic Constitution of April 2, 1997 is the first of Polish legal acts which includes a separate chapter III devoted to sources of the law functioning in Poland. Its aim was to form a closed catalogue of these sources and establish their hierarchy. The chapter puts particular sources into to groups: 1.- universally binding acts, 2.-acts that are binding only for various 'organizational units' subordinated to those issuing these 'internal regulations'. The first group acts and their hierarchy are as follows: constitution, international agreements ratified with the consent of the Parliament, resolutions of the governing bodies of international organizations of which Poland is a member, acts (and equal to them presidential regulations issued at the time of martial law) the remaining ratified international agreements and regulations. Internal regulations are resolutions, dispositions and international agreements which do not require ratification and biding in numerous organizational structures mainly in particular government departments and therefore they do not form uniform hierarchy. They are resolutions of the Council of Ministers, orders of the Prime Minister and dispositions of ministers. They cannot constitute a legal basis for decisions directed to citizens. Chapter III does not deal with determining the competence to issue all these enactments - these questions are resolved in of the parts of the Constitution which regulate the competence of particular constitutional authorities.

THE FUNCTIONING OF THE CONSTITUTION OF THE REPUBLIC OF POLAND OF 2 APRIL 1997

100%

Sarnecki P.

Przegląd Sejmowy

2007

issue 4(81)

33-47

Poland's Constitution of 2 April 1997 is a result of fundamental transformations of Poland's political system, initiated probably in April - September 1989 and manifested in numerous legislative acts in the years 1989-1997. During these 8 years several constitutional acts were temporarily in force, Poland ratified the European Convention on the Protection of Human Rights and Fundamental Freedoms and other significant conventions, many important laws were adopted and the political practice typical of modern democracies was established. In this context, the new constitution has rather incorporated those transformations that have proved to be effective, with only slight corrections, and not departed from the practice of the preceding 8 years. Nevertheless, the Constitution of the Republic of Poland, as a comprehensive legal act, reveals its current role of an act of the highest rank in the hierarchy of legal acts. The article provides an analysis of such influence on many levels corresponding to its formal structure and, particularly, its division into chapters. Such influence usually implements constitutional principles and values, which is particularly confirmed by the content of legislation and jurisprudence of the Constitutional Tribunal and other courts. However, in the author's opinion, it has also some defects. Among such defects are, above all, the lack of independence of public prosecutors from the government administration and the practice of frequent reconstructions of the composition of the Council of Ministers performed in fact by the Prime Minister, with only formal participation of the President of the Republic and without approval from parliament. This raises doubts whether we can really speak about the functioning of the government enjoying the confidence of parliament (its lower chamber), as provided for by the Constitution.

Refine search results

1 Archivum Iuridicum Cracoviense

1 Przegląd Sejmowy

1 2007

1 2006

2 Sarnecki P.

Search results

THE CONSTITUTIONAL SYSTEM OF SOURCES OF LAW AND THEIR UNIVERSAL CHARACTER

THE FUNCTIONING OF THE CONSTITUTION OF THE REPUBLIC OF POLAND OF 2 APRIL 1997