Constitutions - types and concepts Cover Image

Konstytucja – rodzaje i koncepcje
Constitutions - types and concepts

Author(s): Iwona Małajny
Subject(s): Constitutional Law, Government/Political systems, Politics and law
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: Constitutions; theory;

Summary/Abstract: The Author begins her considerations by presenting the classifications of constitutions. Perhaps the most common is the division into written and unwritten constitutions. There is also a division of constitutions into complete and incomplete, closed and open, simple and complex, flexible and rigid, stable and changeable. However, the most important is the distinction between formal and material constitutions. The Author also presents the phenomenon of legal idealism in understanding the impact of constitutions.Subsequently, the Author discusses other issues, such as the dispute whether a basic law should be the constitution of the state or society. This point of view stems from the so called socialist constitutionalism. The more recent concepts, such as: framework constitutions and the constitutions-laws, the distinction between the constitution as ,,the book of answers” and ,,the book of aspirations”, understanding of the Constitution as the basis for a system of mutual relations between citizens (synallagma) and many others are also indicated in the article.

  • Issue Year: 2014
  • Issue No: XXXI
  • Page Range: 637-646
  • Page Count: 10
  • Language: Polish