Shaping the higher education system in Poland by way of executive and internal acts – the permissible regulation scope Cover Image

Kształtowanie systemu szkolnictwa wyższego w Polsce w drodze aktów wykonawczych i wewnętrznych – zakres dopuszczalnej regulacji
Shaping the higher education system in Poland by way of executive and internal acts – the permissible regulation scope

Author(s): Aleksandra Syryt
Subject(s): Constitutional Law, Higher Education , State/Government and Education
Published by: Akademia Leona Koźmińskiego
Keywords: higher education; autonomy of university; Constitution; system of sources of law; delegated legislation;

Summary/Abstract: The article discusses the issue of the possibility of regulating matters concerning higher education and its institutions in executive and internal acts. It presents the acceptable limits of posting matters relating to higher education to regulations, as well as internal acts of higher education institutions. These limits are described taking into account the principle of autonomy of higher education institutions, as well as the rules on the creation of law, in particular the rules for issuing regulations. It was also pointed out that the incorrect division of matter between act of parliament (statute) and the regulation violates constitutional rules of law creation. It is also contrary to the protection of entities’ trust in the state and law and the principle of division and balance of power. Faulty formation of the higher education system is not good to the quality of education and conducting scientific research. It hinders the implementation of the freedom of science.

  • Issue Year: 10/2018
  • Issue No: 2
  • Page Range: 320-335
  • Page Count: 16
  • Language: Polish