ISSUES IN CONSTITUTIONAL LAW

Vol. 120 (2020)

Principles of proper legislation in the context of internal law

Justyna Mielczarek-Mikołajów
https://orcid.org/0000-0001-8706-2930

Pages: 217-225

PDF (Język Polski)

Abstract

The rule of a rational legislator results in the creation of rational law, both universally and internally binding. The above requirement isn’t met by an act which violates the principles set out in the Constitution and thus does not comply with the principle of a democratic state of law and the principle of correct legislation. The author of the article will examine the jurisprudence of the Constitutional Tribunal, administrative and common courts in order to answer the question whether the practice of issuing internal acts indicates the application of the above-described constitutional principles.