„Wyjątkowe okoliczności” jako podstawa zmiany wykładni konstytucji
- Piotr Radziewicz
The paper concerns the problem of modifying constitutional interpretation due to an impact of „exceptional circumstances”, social and political ones, possessing features of a constitutional crisis. The term „constitutional crisis” was used as a legal category describing the development of new practices of state bodies. One of forms of the constitutional crisis may consist in growing difficulties of the functioning of state institutions as a result of an excessive devotion to the traditionally accepted constitutional interpretation and a dispute between state bodies concerning the meaning of constitutional norms. In an extreme form it may lead to a substantive change of a constitutional system of a state without an amendment in a constitutional text. Thus a paradigmatic change of the system of government takes place, in which constitutional authorities start to execute effectively new tasks. An example of a paradigmatic constitutional change is undertaking a dispersed constitutional review by Polish courts, starting in the second half of 2016, as a results of disturbing and weakening the role of the Constitutional Tribunal. The dispersed constitutional review is an expression of courts’ belief concerning the necessity of protection of constitutional supremacy, but it is not able to entirely replace the review performed by the Constitutional Tribunal. In particular it cannot form a shape of a preventive constitutional review of statutes. The paper concerns such a matter submitting it to a critical analysis.
- Record ID
- Other language title versions
- „Exceptional cricumstances” as a base of a change in constitutional interprtation
- Publication size in sheets
- Granat Mirosław Mirosław Granat (eds.): Sądownictwo konstytucyjne. Teoria i Praktyka. Tom III, 2020, Warszawa, Wydawnictwo Naukowe UKSW, 351 p., ISBN 978-83-8090-793-5
- (pl) Polish
- Score (nominal)
- Score source
- = 20.0, 23-06-2021, MonographChapterAuthor
- Uniform Resource Identifier
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