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Constitutional Interpretation and Enforcement

  • Mark Brzezinski
Part of the St Antony’s Series book series

Abstract

This chapter analyzes the constitutional jurisprudence of the Tribunal. Part A traces the Tribunal’s evolution from an initially unadventurous body to an increasingly activist judicial institution willing to challenge political bodies, build constitutional doctrine, and give normative effect to the Constitution. Part B examines the Tribunal’s interpretation of the Polish Constitution’s Rechtsstaat clause and its enforcement of the constitutional ‘principle of equality’ which bans discrimination on the basis of race, sex, education, or religion. This part also analyzes the Tribunal’s protection of substantive rights arising from the due process and equal protection guarantees of the Constitution. Part C considers the increasingly political role of the Tribunal’s jurisprudence as it addresses controversial constitutional issues and more aggressively reviews parliamentary statutes. Part D concludes by identifying several procedural and jurisdictional changes that would strengthen the role of judicial review in democratic institutionalization in Poland.

Keywords

Political Elite Judicial Review Executive Branch Constitutional Court Executive Agency 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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Copyright information

© Mark Brzezinski 1998

Authors and Affiliations

  • Mark Brzezinski

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