Kontrola konstytucyjności klauzul generalnych
Review of Constitutionality of General Clauses

Summary/Abstract: In the judicial practice of the Constitutional Tribunal, the review of constitutionality of general clausesinvolves several problems caused both by an insufficiently-defined character of those phrases andby an-extra-legal reference contained therein. The extent of review covers the entire provision of law including a general clause, which makes it possible to assess the clause in the legal environment in which it is situated. Indirectly, the review embraces the standards and values to which the clause refers. The Tribunal reviews not only the quality of general clauses, expressed by indefiniteness of terms used by the lawmaker, but also the predictability of the line of assessment taken in the course of their application. Another important factors in an assessment of their constitutionality are: the status (within the system of government) of an entity authorized to assign a specific content to thegeneral clause and the contestability of decisions of that entity in the course of proceedings.

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