Trybunał Konstytucyjny jako organ władzy sądowniczej w Polsce
The Constitutional Tribunal as a judicial authority

Summary/Abstract: In the article, the author attempts to answer the following questions: firstly - what is the Constitutional Tribunal in comparison with other constitutional bodies of the State, and secondly - howe to name its activity in comparison with the activities of other constitutional bodies of the State. The Constitutional Tribunal and the Court of the State are the second core of the judiciary authority in Poland. The Constitution does not equate courts and Tribunals at one level. The Legislator made a clear distinction and,- separated courts from both Tribunals organisationally. The division of competences between the courts and Tribunals is less clear. On the one hand, the Legislator directly attributed the administration of justice to the former, according to art. 175-para-l of the Polish Constitution. On the other hand, a fundamental constitutional prerogative of the Tribunal, which determines its system nature, is an exclusive control of legislative acts., which also creates the need for special legitimacy of the Constitutional Tribunal. The considerations given to this issue lead to the conclusion that the Constitutional Tribunal is a de lege lata constitutional court with all the consequences arising from this fact, and it should remain de lege ferenda as well.

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