Trybunał Konstytucyjny w sporze z prezydentem, rządem i parlamentem w 2015 r.
The Constitutional Tribunal in an argument with the president, the government and the parliament in 2015

Summary/Abstract: Analyzed herein is the Constitutional Tribunal’s judgment of 3 December 2015 (ref. no. K 34/15). The Tribunal considered the issue of consistence with the Constitution of provisions of the act on the Constitutional Tribunal of June 2015. In their deliberations, the authors focused on the justification attached to the Tribunal’s decision as regards the provisions on the basis of which the Sejm of the 7th term elected fi ve persons for the positions of the Constitutional Tribunal’s judges. Questioning the Tribunal’s justification, the authors emphasize that the constitutional bases for the election of three persons had been laid down superfi cially, and as regards two other persons, the Tribunal itself questioned constitutionality of the relevant provisions. An important part of the authors’ analysis is the presentation of the significance of rational, solid arguments as regards constitutional matters in the context of the U.S. Supreme Court’s decision in Marbury v. Madison case in 1803. Against such background it becomes clear that as regards the key issue the Constitutional Tribunal’s justification is reduced to a laconic, extremely superficial argumentation.

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