Niepisane normy konstytucyjne i ich skuteczność (zarys problemu)
Unwritten Constitutional Norms and Their Effectiveness (A Preliminary Analysis)
Author(s): Piotr MikuliSubject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: mary constitutional law; constitutional custom; constitutional convention; codified constitution; uncodified constitution
Summary/Abstract: The article delves into the contemporary significance of unwritten norms within constitutional frameworks. The author observes that such unwritten constitutional norms maintain relevance even in countries with a codified constitution. In this context, the author advocates for a rethinking of the traditional approach to customary constitutional law and constitutional conventions, particularly within the Polish constitutional scholarship, a perspective to which the author previously adhered. In the subsequent sections, the author explores the efficacy of unwritten constitutional norms, positing that they can be as effective as formal constitutional provisions. Moreover, the author contends that codified provisions alone do not offer absolute protection against constitutional breaches by autocratic regimes.
Journal: Przegląd Konstytucyjny
- Issue Year: 2024
- Issue No: 4
- Page Range: 43-58
- Page Count: 16
- Language: Polish
