The principle of transparency and the justification of decision of the Constitutional Tribunal Cover Image

Zasada jawności a uzasadnienie orzeczenia Trybunału Konstytucyjnego
The principle of transparency and the justification of decision of the Constitutional Tribunal

Author(s): Aleksandra Syryt
Subject(s): Law, Constitution, Jurisprudence
Published by: Instytut Nauk Prawnych PAN
Keywords: principle of transparency; justification of decision of the constitutional tribunal; right to a fair trial

Summary/Abstract: The Constitutional Tribunal is called a “court of law”. The proceedings before that body of law must meet the requirements of a fair procedure. Guarantee of a fair trial is its openness and transparency. Openness and transparency is implemented for example by public hearing or through the publication of decisions of this body in the appropriate set of official.The principle of openness is implemented by justify rulings of Constitutional Tribunal which contain specific reasons of taking the decision. Justification of a ruling protects against arbitrary action of the Constitutional Tribunal. A justification of a ruling is an admissible voice of Constitutional Tribunal in the public debate. Openness and transparency implemented by justification of decisions of the Constitutional Tribunal allows to build the authority of that body in the country.Matters which are in the judgments can be informative and educational. Way of describing the issues in the justifications of rulings can also trendsetting understanding of certain bodies of constitutional law in a democratic state ruled by law.

  • Issue Year: 200/2014
  • Issue No: 4
  • Page Range: 87-97
  • Page Count: 11
  • Language: Polish