Jeszcze o aktach prawa wewnętrznego. Z Adamem Krzywoniem nieco polemicznie

• Authors: Bień-Kacała Agnieszka

Title variants

EN

Some New Comments on Internal Legal Enactments: A Slight Polemic against Adam Krzywoń

• Languages of publication: PL

Abstracts

EN

This article is a polemical response to the article by Adam Krzywoń, on the “Basis for the Issuance of Internal Legal Enactments (Based on Article 93 para. 2 of the Constitution)”, published in Przegląd Sejmowy No. 2/2015. Krzywoń narrowly delineates the scope of examination and focuses his analysis on the effectiveness of operation of public institutions. However, the system of sources of law and the respect for freedom provides the context of polemical remarks. The text, in its assumptions, is intended to serve as supplementing the analytical perspective applied by Krzywoń. Law-making (i.e. adoption of universally binding laws, but also internal legal enactments) is that kind of activity which considerably interfere with legal situation of an individual and, therefore, there is need for a strict rules of interpretation of the competences. The scope of their conferral is precisely defi ned by the lawgiver. The freedom of an individual and the protection of its status provide basic assumptions in this respect. This relates also to the entities connected — within the hierarchy of administrative bodies – by employment relationship. Beyond the scope of law-making activities, the authorities should be given greater discretion in the performance of governance, provided that proper selection of measures is ensured, except for the legal provisions.

Keywords

EN

internal legal enactment; legal basis; Article 93 of the Constitution; sources of law; public administration

• Publisher: Kancelaria Sejmu / Chancellery of the Sejm
• Journal: Przegląd Sejmowy
• Year: 2015
• Issue: 3(128)
• Pages: 47-56

Contributors

author

Bień-Kacała Agnieszka

• Dr hab., Uniwersytet Mikołaja Kopernika w Toruniu, Katedra Prawa Konstytucyjnego