Implikowana niezmienialność konstytucji a Konstytucja Rzeczypospolitej Polskiej
Implied Unamendability of the Constitution and the Constitution of the Republic of Poland

Summary/Abstract: The study is devoted to the issue of the implied limit of amendments to the Polish Constitution. The article contains an analysis of the most important arguments that are or may be raised, in the discussion on the implicit unconstitutionality of amendments to the Polish basic law. The study indicates that two types of arguments may be raised in the considerations on the recognition of the implied limit of amendments: on the one hand, strictly related to the specificity of the Polish constitutional order, and on the other hand, universal – drawing on the achievements of the world constitutionalism and referring to the concept of the constitution and identity of the constituent power. To justify the existence of the implied limitations of amendments, the latter, and in particular the reference to temporal axiological coherence, are crucial. This argument has not been clearly formulated by the supporters of the implied limit of amendments to the Constitution of the Republic of Poland, but it seems to be a necessary element of a convincing justification for its existence. The article formulates the thesis that, taking into consideration and weighing various types of arguments, the existence of an implied limit of amendments to the Polish Constitution should be recognised. Such recognition requires the rejection of a strong understanding of sovereignty and constituent power and conceiving them as certain types of constructions limited by their own identity.

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