Implikowana niezmienialność konstytucjia Konstytucja Rzeczypospolitej Polskiej
Implied Unamendability of the Constitutionand the Constitution of the Republic of Poland

Summary/Abstract: This analysis is devoted to the issue of implied limits of amendments to the Polish Constitution. The article analyses the most important arguments that are raised, or may be raised, in a discussion on the implied unconstitutionality of amendments to the Polish Constitution. The research paper indicates that two types of arguments may be raised when discusing the recognition of implied limits of constitutional amendments: on the one hand, those strictly related to the specificity of the Polish constitutional order, and on the other hand, universal arguments – drawing on the findings of global constitutionalism and referring to the concept of the constitution and the identity of the constituent power. To justify the existence of implied limitations to constitutional amendments, the latter, and in particular the reference to temporal axiological coherence, are crucial. Although this argument has not been explicitly formulated by proponents of implied limits of amendments to the Polish Constitution, it nevertheless appears to be a necessary element of a convincing justification for the existence of the limits. The article formulates the thesis that, taking into consideration and weighing up various types of arguments, the existence of implied limits of amendments to the Polish Constitution should be recognised. Such recognition requires the rejection of the strong definition of sovereignty and constituent power and conceiving of them as certain types of constructs limited by the related identity.

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