In search of a power to stabilize the constitutional order (part I) Cover Image

W poszukiwaniu władzy stabilizującej porządek konstytucyjny (część I)
In search of a power to stabilize the constitutional order (part I)

Author(s): Michał Bożek
Subject(s): Constitutional Law
Published by: Kancelaria Sejmu
Keywords: systemic stabilization; constitutional order; neutral power; guardian of the constitution; separation of power; constitutionalism

Summary/Abstract: The idea of guaranteeing the systemic stabilization has been part of the history of political thought since the ancient times. Moreover, it had found its formal expression in the specific systemic institutions in the ancient Rome. Nowadays it is considered a fundamental constitutional problem. Searching for organs capable of realizing the task of stabilization has become increasingly more important along with the popularization of the doctrine of separation of powers. From the very beginning, a view had been formulated deeming the division of powers into the three classic ones — the legislative, the executive and the judiciary — insuffi cient. In the doctrine attempts have been made to distinguish a separate state authority whose role would be to stabilize the system. Threefold search has been conducted. One idea was to vest the task in the head of state — firstly, the monarch, then also the president. Another involved constitutional courts as organs most predestined to fulfil the task of stabilizing the constitutional order. Some saw the second chamber of parliament fit for the role of the system stabilizer.

  • Issue Year: 2018
  • Issue No: 5
  • Page Range: 7-22
  • Page Count: 16
  • Language: Polish