Geneza i ewolucja bezpośredniego stosowania Konstytucji RP
Origin and evolution of the direct application of the Constitution of the Republic of Poland

Summary/Abstract: The paper deals with the problem of the genesis of the constitutional provision of the principle of direct applicability of the Constitution. It refers to the parliamentary constitution-making works from 1989 until enactment of the Constitution in 1997. The subject of special attention is the evolution of views on the need of the articulation of an explicit principle of constitutionalism alongside the principle of legality in the text of the Polish Constitution. It also reflects on the discussions that took place around the inclusion of the principle of direct applicability of the constitution in the Polish Constitution and the resulting disputes in the doctrine regarding the scope of direct applicability of the Constitution by the ordinary courts. To what extent the conclusions of the parliamentary debates of the time, analysed today, allow for a better understanding of this principle and a clarification of its scope arising from Article 8 of the Constitution, especially in the context of constitutional crises and the changing position of the Constitutional Court.

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