DIRECT APPLICATION OF THE REPUBLIC OF POLAND’S CONSTITUTION IN THE CASE LAW OF ADMINISTRATIVE COURTS

Ewa Wójcicka

Abstract


This article analyses the judicial decisions of the Polish administrative courts from the perspective of the principle of direct applicability of the Constitution. This principle, integrally connected with the highest legal force of the Constitution, is of fundamental importance in the process of reconstruction of the legal provisions carried out by courts. It takes various forms, including independent application of the Constitution’s provisions, co-application of the Constitution and other legal acts, and ascertainment of conflicts between the provisions of the Constitution and other legal acts. An analysis of decisions by administrative courts shows that these commonly refer to the Constitution. The most popular form of implementation of the Constitution is the co-application of its provisions with statutory ones and other legal acts. The application of constitutional provisions is increasingly becoming the norm in administrative adjudication. This also indicates that among the Constitution’s various functions, it is the legal one that plays a major role.

Keywords


direct application of Constitution, legal question, the Constitutional Tribunal, administrative courts, pro-constitutional interpretation, court control of the constitutionality of laws

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DOI: https://doi.org/10.13165/j.icj.2019.05.004

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