The Institution of Legislative Silence in Polish Electoral Law Cover Image

Instytucja ciszy legislacyjnej w polskim prawie wyborczym
The Institution of Legislative Silence in Polish Electoral Law

Author(s): Agata Pyrzyńska
Subject(s): Electoral systems, Politics and law, Politics and society, EU-Legislation, Sociology of Law
Published by: Akademia Leona Koźmińskiego
Keywords: electoral law; election; legislative silence; legislator;

Summary/Abstract: The issue of law-making is a key issue in a democratic state ruled by law. Particularly interesting seems to be the issue of enacting electoral law, which is exposed to the phenomenon of instrumentalisation. The aim of this article is to analyse the institution of legislative silence in Polish electoral law and to try to find an answer to the question whether the application of this solution may be an effective tool limiting the political influence on the shape of electoral law. In order to find the above questions, it was necessary to carry out a detailed analysis of this solution, primarily on the basis of the jurisprudence of the Polish Constitutional Tribunal and international law standards specified in the documents of the Venice Commission. The work uses the formal and legal method and the literature and jurisprudence are reviewed.

  • Issue Year: 15/2023
  • Issue No: 1
  • Page Range: 214-232
  • Page Count: 19
  • Language: Polish