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THE CONSTITUTIONAL SYSTEM OF SOURCES OF LAW AND THEIR UNIVERSAL CHARACTER

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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.

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1 Archivum Iuridicum Cracoviense

1 Sarnecki P.

1 2006

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THE CONSTITUTIONAL SYSTEM OF SOURCES OF LAW AND THEIR UNIVERSAL CHARACTER