O warunkach zmiany Konstytucji
On the conditions for amending the Constitution
Author(s): Marcin StębelskiSubject(s): History of Law, Constitutional Law, Philosophy of Law
Published by: Kancelaria Sejmu
Keywords: Constitution; constitutional amendment; good faith; principles of decent legislation;
Summary/Abstract: The issue of amending the Constitution is becoming the subject of more lively discussions on the occasion of subsequent presented draft amendments. At the same time, due to the very limited practice of making them, there is no universal list of criteria, on the fulfilment of which the recognition of the admissibility of amending the Constitution should depend. On the one hand, the need to maintain the procedural requirements contained in Article 235 of the Constitution is emphasised, on the other hand, there are discussions on the substantial limits of its change. The presented study indicates the criteria that refer to the basic assumptions relating to the essence of the Constitution. They are of a formal nature, and their fulfilment should be subject to assessment in the case of every initiative to amend the basic law.
Journal: Zeszyty Prawnicze BAS
- Issue Year: 2025
- Issue No: 85
- Page Range: 77-96
- Page Count: 20
- Language: Polish
