Конституційні закони в країнах вишеградської групи
Constitutional laws in the Visegrad countries
Author(s): N. PopovychSubject(s): Constitutional Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: Constitution; constitutional law; organic law; referendum; Visegrad Group;
Summary/Abstract: The article is devoted to investigation of the place of constitutional laws in the system ofconstitutional legislation of association of four Central European countries: Poland, Hungary, the SlovakRepublic and the Czech Republic; to study the nature and functional use of constitutional laws, theirspecific characteristics and varieties, clarifying features, including special procedures for adoption andamendment of constitutional law and place in the legislation.The current system of sources of law in Visegrad Group was formed under the influence of Roman,Austrian (Germanic), Socialist (Soviet) Law in the course of historical development, now it is identified asa system of civil law, which is changing and evolving under the influence of European international legalstandards and values (laws of the European Union), formed primarily within the civil law. In the countriesof the Visegrad Four constitutional laws are the integral part of the constitutional system. Thus, incountries of Visegrad Group functional use of constitutional laws is different (amending; implementationof international agreements; regulation of certain matters provided by the constitution, etc.). It is alsomentioned in the article that in Poland, the term «constitutional law» after adoption of the Constitution of1997 is not applied officially in terms of legislation, though, at the same time some lawyers and politiciansuse the term in their publications and speeches, collectively interpreting the notion of constitutional lawas the law that is first and utmost connected with the content of the Constitution, with amendments to theConstitution, and the adoption of the new Constitution.It is noted that «constitutional laws» can be understood not only as the laws that amend or supplementthe Constitution but also as the laws the Constitution refers to or necessity of which is directly providedby the current Constitution. These laws specify certain provisions of the Constitution, are adopted by thelegislature or a referendum in a specific order.
Journal: Проблеми законності
- Issue Year: 2016
- Issue No: 135
- Page Range: 30-38
- Page Count: 9
- Language: Ukrainian