Wyłączenie trybu pilnego oraz zasada ciszy legislacyjnej jako ustrojowe gwarancje stabilności tworzenia prawa wyborczego
Exclusion of the urgent procedure and the principle of legislative silence as systemic guarantees of the stability of the creation of electoral law

Summary/Abstract: Electoral law, which is a sub-field of constitutional law, can be defined as a set of legal norms of decisive importance for the system due to their shaping of the electoral process, as a result of which bodies exercising power on behalf of citizens are formed. These norms are therefore characterized by their systemic significance for the state system. This means that the legislative process of electoral norms should be resistant to attempts to change them instrumentally, introduced for specific elections or a specific political option, in a hurry, incidentally or bypassing public opinion. The provisions of the electoral law should provide the citizen with an objective opportunity to decide whether to exercise the active or passive electoral right, implement the idea of the impact of each vote on the outcome of the election, create a clear, equal and fair framework for the conduct of the election campaign. Such shaping of norms requires the existence of guarantees of stability in the creation of electoral law coming directly from the constitution. Securing the electoral law against the use of the urgency procedure and the principle of legislative silence are of fundamental importance, but these guarantees are not without flaws.

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