On the causes, symptoms and consequences of diffuse constitutionality review of statutory law (in the light of case law of ordinary courts and the Supreme Court) Cover Image

O przyczynach, przejawach i skutkach rozproszonej kontroli konstytucyjności ustaw (w świetle orzecznictwa sądów powszechnych i Sądu Najwyższego)
On the causes, symptoms and consequences of diffuse constitutionality review of statutory law (in the light of case law of ordinary courts and the Supreme Court)

Author(s): Jan Podkowik
Subject(s): Constitutional Law, Sociology of Law
Published by: Instytut Nauk Prawnych PAN
Keywords: Constitution; judicial review; legal interpretation; courts; Constitutional Tribunal;

Summary/Abstract: The article analyses judgments of common courts and the Supreme Court issued between 2015 and 2022, in which courts assessed the constitutionality of a statutory provisions and - finding thereof unconstitutional - refused to apply it in a case under examination. This phenomenon is called diffuse control of the constitutionality of the law (judicial review). The text is divided into three parts. The first part is aimed at explaining the reasons why the courts decide to omit a provision of the statute which they consider unconstitutional. The second presents the classification of the manifestations methods of diffused control of the constitutionality of law. The third part highlights the problems related to the consequences of the court's refusal to apply a provision of the act due to its unconstitutionality.

  • Issue Year: 226/2022
  • Issue No: 2
  • Page Range: 107 - 132
  • Page Count: 26
  • Language: Polish