W poszukiwaniu władzy stabilizującej porządek konstytucyjny (część II)
In search of a power to stabilize the constitutional order (part II)

Summary/Abstract: In modern constitutionalism, the systemic stabilization is represented in its two aspects. It is the primary systemic value of the constitutional order as a whole, guaranteeing the realisation of other values. In this context, it is most often understood as constitutionality and efficiency of the constitutional order. Systemic stabilization may also be regarded as a separate legal sphere of the state’s activity, i.e., in this case the activity of organs of the state, whose purpose is to guarantee the constitutionality and efficiency of the constitutional order. As a separate sphere of the state’s activity, it may only be distinguished within a parliamentary system. This is due to the specific form of the principle of separation of powers. Among various state organs capable of exercising this legal sphere, head of state and constitutional court are most often listed. However, as proven by the analysis of the manner of fashioning the office of the head of state in the parliamentary system, stabilization of the constitutional order may at most be regarded as one of its systemic functions. The core of the head of state’s activity in this model of governance is representing the state in its external relations and before the society. Hence a thesis may be formulated, that in a parliamentary system, head of state is a separate power — the representing power (authority). Most arguments are in favour of vesting a constitutional court with systemic stabilization as a separate legal sphere of activity. The activity of a constitutional court displays numerous particular features that can not be assigned to the classic powers in the state. In a parliamentary system, a constitutional court is a holder of a separate state power–power stabilizing the constitutional order. At the same time, this does not preclude its legal status of a judicial organ.

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