Login Contatti | RIVISTA SEMESTRALE - ISSN 2421-0730 - ANNO IX - NUMERO 2 - DICEMBRE 2023

Constitutional Justice in Poland. Selected Issues in a Comparative Perspective di Viktoriya Serzhanova

In Saggi
1 Agosto 2017

Abstract- The hereby paper aims at presenting some reflections over the selected issues connected with the Constitutional justice in Poland. In particular, it focuses on the activity of the Polish Constitutional Tribunal in the field of protecting the Constitution and controlling the constitutionality of law. These issues are analyzed in the context of the essence of the abovementioned concepts as the most important guarantees of observing the Constitution, as well as in the lights of the models commonly implemented in this area in order to exercise this task. The subject of the paper covers the analysis of the notion of protecting the constitution, deriving its origin, discussing the existing models of its realization and reviewing the outline of one of them which has been implemented on the Polish ground. Moreover, it also analyzes the concept, essence and origin of the institution of a constitutional complaint which aim is protecting the constitutionally guaranteed fundamental human rights and freedoms. The work discusses its model and scope applied in Poland and the basic principles of the proceedings of its examining anticipated by law on the basis of the Constitution of the Republic of Poland and conducted by the Polish Constitutional Tribunal.

Keywords- constitutional justice, constitutional court, control of the constitutionality of law.

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