Participation of the President of the Republic in the legislative process
and cooperation with the Constitutional Tribunal in the light of constitutional
jurisprudence Cover Image

Współudział Prezydenta Rzeczypospolitej i Trybunału Konstytucyjnego w procesie ustawodawczym
Participation of the President of the Republic in the legislative process and cooperation with the Constitutional Tribunal in the light of constitutional jurisprudence

Author(s): Tomasz Esmund
Subject(s): Constitutional Law, Government/Political systems
Published by: Kancelaria Sejmu
Keywords: President; Constitutional Tribunal; legislative process;

Summary/Abstract: The article analyses the scope of the President’s competences in the legislative process in the con‑text of cooperation and partnership with the Constitutional Tribunal. The author observes thatboth of these organs perform the role of ‘guardians of the Constitution’, and that, counter-intu‑itively, the President’s refusal to sign an unconstitutional act has a stronger impact on legislationthan his legislative initiative prerogatives. In view of the fact that the Tribunal cannot act on its owninitiative, the President should be guided by ‘constitutional sensitivity’ in the exercise of his compe‑tences, in the initiation of both preventive and subsequent control. The author also notes that theConstitutional Tribunal, through its jurisprudence, protects the President’s competences in order toensure that he is able to effectively monitor the observance of the Constitution.

  • Issue Year: 2024
  • Issue No: 83
  • Page Range: 67-110
  • Page Count: 44
  • Language: Polish
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