POJĘCIE LEGALNOŚCI W ORZECZNICTWIE TRYBUNAŁU KONSTYTUCYJNEGO
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Date
1999
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Wydział Prawa i Administracji UAM
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CONCEPT OF LEGALITY IN JUDICIAL DECISIONS OF THE CONSTITUTIONAL TRIBUNAL
Abstract
The Constitutional Tribunal as the organ brought into being to examine a conformity of the
law with the Constitution - focuses first of all on verifying formal exigencies of legality and only
when, after such a research, it occurs that all formal criteria were met - proceeds to examine
a contents itself of questioned legal act from the point of view of its conformity with the Constitution.
Such a mode of proceeding is a consequence of the conception o f law which is adopted in our
system. According to this conception the law itself determines what kinds of general legal acts can
be admitted and, secondly, what organs are competent for to vote them. Analysis of the hitherto
acquired experience in taking judicial decisions by the Constitutional Tribunal is being illustrated
by the Author with examples of several chosen cases decided by this organ; fragments of written
decisions are cited as well as those of opinions formulated by the Constitutional Tribunal on legality
o f Polish legislative acts.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 61, 1999, z. 3-4, s. 33-46.