Constitutional Reviews of Incomplete Regulations in Poland

The Polish legal order distinguishes between two types of incomplete regulations: legislative omissions and oversights. Omissions take place when a regulation (required because of the need for the application of the Constitution or for the performance of specific constitutional obligations) is missi...

Descripción completa

Guardado en:

Detalles Bibliográficos
Autor principal:	Piotr Radziewicz
Formato:	article
Lenguaje:	EN
Publicado:	Utrecht University School of Law 2019
Materias:	legislative omission polish constitutional tribunal constitutional court constitutional review of the law rule of law constitutionalism gaps in the law Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/d3c74d00a3994c82bf0ebefca00bbae0
Etiquetas:	Agregar Etiqueta Sin Etiquetas, Sea el primero en etiquetar este registro!

id	oai:doaj.org-article:d3c74d00a3994c82bf0ebefca00bbae0
record_format	dspace
spelling	oai:doaj.org-article:d3c74d00a3994c82bf0ebefca00bbae02021-11-08T08:17:04ZConstitutional Reviews of Incomplete Regulations in Poland1871-515X10.18352/ulr.498https://doaj.org/article/d3c74d00a3994c82bf0ebefca00bbae02019-05-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/498https://doaj.org/toc/1871-515XThe Polish legal order distinguishes between two types of incomplete regulations: legislative omissions and oversights. Omissions take place when a regulation (required because of the need for the application of the Constitution or for the performance of specific constitutional obligations) is missing in the system of law. Legislative oversights occur when a normative act is in force but, from the constitutional point of view, it is formulated fragmentarily. The former are not subject to Constitutional Tribunal (CT) control, whereas the latter are embraced by its competence. The existence of incomplete regulations is one of the most important yet still unresolved problems faced by the CT. Therefore, it constitutes a permanent source of discrepancies in CT judgments. The article posits that all incomplete regulations – both omissions and oversights – should be controlled by the CT. However, for the CT to do so, the Constitution should be amended, a special control procedure should be established and a new type of judgment should be introduced, which would consist of finding a statute unconstitutional without derogating it from the system of law. The expansion of the CT’s competence corresponds with the function and axiology of the operation of a contemporary constitutional court that should effectively and completely eliminate all violations of the Constitution arising from inactivity by the legislator.Piotr RadziewiczUtrecht University School of Lawarticlelegislative omissionpolish constitutional tribunalconstitutional courtconstitutional review of the lawrule of lawconstitutionalismgaps in the lawLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 15, Iss 1, Pp 38-49 (2019)
institution	DOAJ
collection	DOAJ
language	EN
topic	legislative omission polish constitutional tribunal constitutional court constitutional review of the law rule of law constitutionalism gaps in the law Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	legislative omission polish constitutional tribunal constitutional court constitutional review of the law rule of law constitutionalism gaps in the law Law in general. Comparative and uniform law. Jurisprudence K1-7720 Piotr Radziewicz Constitutional Reviews of Incomplete Regulations in Poland
description	The Polish legal order distinguishes between two types of incomplete regulations: legislative omissions and oversights. Omissions take place when a regulation (required because of the need for the application of the Constitution or for the performance of specific constitutional obligations) is missing in the system of law. Legislative oversights occur when a normative act is in force but, from the constitutional point of view, it is formulated fragmentarily. The former are not subject to Constitutional Tribunal (CT) control, whereas the latter are embraced by its competence. The existence of incomplete regulations is one of the most important yet still unresolved problems faced by the CT. Therefore, it constitutes a permanent source of discrepancies in CT judgments. The article posits that all incomplete regulations – both omissions and oversights – should be controlled by the CT. However, for the CT to do so, the Constitution should be amended, a special control procedure should be established and a new type of judgment should be introduced, which would consist of finding a statute unconstitutional without derogating it from the system of law. The expansion of the CT’s competence corresponds with the function and axiology of the operation of a contemporary constitutional court that should effectively and completely eliminate all violations of the Constitution arising from inactivity by the legislator.
format	article
author	Piotr Radziewicz
author_facet	Piotr Radziewicz
author_sort	Piotr Radziewicz
title	Constitutional Reviews of Incomplete Regulations in Poland
title_short	Constitutional Reviews of Incomplete Regulations in Poland
title_full	Constitutional Reviews of Incomplete Regulations in Poland
title_fullStr	Constitutional Reviews of Incomplete Regulations in Poland
title_full_unstemmed	Constitutional Reviews of Incomplete Regulations in Poland
title_sort	constitutional reviews of incomplete regulations in poland
publisher	Utrecht University School of Law
publishDate	2019
url	https://doaj.org/article/d3c74d00a3994c82bf0ebefca00bbae0
work_keys_str_mv	AT piotrradziewicz constitutionalreviewsofincompleteregulationsinpoland
_version_	1718442854486900736

Constitutional Reviews of Incomplete Regulations in Poland

Ejemplares similares