„Akt normatywny” jako przedmiot kontroli Trybunału Konstytucyjnego
"Normative acts" as the object of the control by the constitutional tribunal

Author(s): Marek Zubik
Subject(s): Constitutional Law, Social Norms / Social Control
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: normative acts; Constitution; Tribunal;

Summary/Abstract: The Constitution of 1997, unlike its predecessors, regulates the proceedings before the Constitutional Tribunal very broadly and specifically. This limits the legislator’s freedom to regulate this issue. One of the key issues is the indication of which legal acts can be challenged before the Constitutional Tribunal. The Author analyzes the relevant provisions of the Constitution and presents in detail the current findings of the Tribunal in this regard. He starts from the assumption that in case of a constitutional complaint, courts’ questions of law and the motions of the National Council of the Judiciary the Tribunal should he eligible to examine each normative act, whatever its name or the mode of its adoption, if only the act formulates rules o behavior, which are addressed to individuals or entities alike.The Author proves that in these three cases, the Constitution of 1997 has brought different and wider solutions concerning to normative acts which may be challenged or indicated as a model of the control in the Polish constitutional process than in other cases. He points out, however, also the limits of such interpretation of constitutional provisions.

  • Issue Year: 2014
  • Issue No: XXXI
  • Page Range: 731-744
  • Page Count: 14
  • Language: Polish