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Uzasadnienie orzeczenia w sprawie pytania prawnego

100%

Stębelski M.

Studia Prawnicze

2014

issue 4 (200)

99-116

The procedure of question of law to the Constitutional Tribunal (article 193 of the Constitution) allows both a court and the Tribunal to have a dialogue concerning the normative act which will determine an issue current before that court. This specific dialogue should be reflected in the explanatory part of the judgment. Moreover, the effectivity of that dialogue depends strictly upon the way Tribunal explains motives of the ruling and presents its argumentation. The explanation of the judgment does not have a status of universally binding and final statement of the Tribunal. However it should convince the court and other addressees of the judgment of the Tribunal’s interpretation of the constitutional norms taken into consideration in particular case. Explanation presented by the Tribunal should give a clear solution of the constitutional issue put forward by the court in its question of law. Only then the court may resolve individual case issuing a judgment which conforms to the Constitution.

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1 Studia Prawnicze

1 Stębelski M.

1 2014

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Uzasadnienie orzeczenia w sprawie pytania prawnego