Trybunał Konstytucyjny pomiędzy dwoma światopoglądami – Kelsenowska interpretacja orzecznictwa TK w kwestii prymatu Konstytucji
Constitutional Tribunal between Two Worldviews – Kelsenian Interpretation of the Jurisprudence of the Constitutional Tribunal on the Primacy of the Constitution

Summary/Abstract: The aim of the article is an attempt to interpret the meaning of the principle of the primacy of the constitution in the jurisprudence of the Constitutional Tribunal. The jurisprudence of the CT until 2021 can be interpreted as an expression of monadological monism: the monad-states cooperatively constitute a meta-monadic system of norms and institutions, whereas none of the monads loses the status of sovereignty. Within the state legal order, the principle of the primacy of the constitution may apply. In turn, from 2021, a solipsist monism begins to manifest itself: Ego-state is the source and the absolute basis for the validity of the system of norms in its territory. From this point of view, supranational institutions may appear as a threat to the sovereignty of the Ego-state. Both worldviews can be interpreted as a reaction to the process of the formation of constitutionalism 3.0. Monadological monism would like to preserve and adapt the concept of sovereignty in a new context, while solipsist monism would like to stop the very process of change and keep sovereignty unshakable.

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