
Contents
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A. The Historical Development A. The Historical Development
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1. The Origins in the First and Second Polish Republic 1. The Origins in the First and Second Polish Republic
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2. The Rejection in the Communist State (1945–1989) 2. The Rejection in the Communist State (1945–1989)
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3. The Transformative Role of Constitutional Jurisprudence (1989–1997) 3. The Transformative Role of Constitutional Jurisprudence (1989–1997)
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4. The Constitutional Tribunal and the Creation of the New Constitution 4. The Constitutional Tribunal and the Creation of the New Constitution
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B. The Constitutional Tribunal as an Institution B. The Constitutional Tribunal as an Institution
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1. The Composition of the Constitutional Tribunal 1. The Composition of the Constitutional Tribunal
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2. Electing the Justices of the Constitutional Tribunal 2. Electing the Justices of the Constitutional Tribunal
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3. Judicial Profiles 3. Judicial Profiles
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4. Judicial Independence 4. Judicial Independence
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5. The Office of the Constitutional Tribunal 5. The Office of the Constitutional Tribunal
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C. The Different Proceedings before the Constitutional Tribunal C. The Different Proceedings before the Constitutional Tribunal
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1. Judicial Review 1. Judicial Review
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a) The Object of Review a) The Object of Review
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b) Initiating Judicial Review b) Initiating Judicial Review
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i. Unrestricted standing for privileged applicants i. Unrestricted standing for privileged applicants
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ii. The restricted standing of other applicants ii. The restricted standing of other applicants
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iii. Constitutional complaints iii. Constitutional complaints
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iv. References by courts iv. References by courts
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2. Other Types of Proceedings before the Constitutional Tribunal 2. Other Types of Proceedings before the Constitutional Tribunal
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D. Proceedings before the Constitutional Tribunal D. Proceedings before the Constitutional Tribunal
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1. The Course of Proceedings 1. The Course of Proceedings
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2. General Procedural Principles 2. General Procedural Principles
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E. The Judgments of the Constitutional Tribunal E. The Judgments of the Constitutional Tribunal
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1. ‘Simple Judgments’ 1. ‘Simple Judgments’
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2. ‘Interpretative Judgments’ 2. ‘Interpretative Judgments’
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3. ‘Area Judgments’ 3. ‘Area Judgments’
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4. ‘Application Judgments’ 4. ‘Application Judgments’
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5. ‘Subsequent Unconstitutionality’ 5. ‘Subsequent Unconstitutionality’
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6. ‘Indicative Judgments’ 6. ‘Indicative Judgments’
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F. The Role and Tasks of the Constitutional Tribunal F. The Role and Tasks of the Constitutional Tribunal
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1. The Constitutional Tribunal and the Legislature 1. The Constitutional Tribunal and the Legislature
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2. The Constitutional Tribunal and the Courts 2. The Constitutional Tribunal and the Courts
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3. The Constitutional Tribunal and Academia 3. The Constitutional Tribunal and Academia
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4. The Constitutional Tribunal and European Law 4. The Constitutional Tribunal and European Law
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5. The Evolution of the Position of the Constitutional Tribunal 5. The Evolution of the Position of the Constitutional Tribunal
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G. The Crisis of Constitutional Adjudication in Poland G. The Crisis of Constitutional Adjudication in Poland
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1. The Genesis of the Crisis 1. The Genesis of the Crisis
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2. The Dispute over the Constitutional Tribunal 2. The Dispute over the Constitutional Tribunal
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3. The Constitutional Crisis 3. The Constitutional Crisis
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12 The Polish Constitutional Tribunal
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Published:March 2020
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Abstract
This chapter concerns the Constitutional Tribunal of Poland. It places the Tribunal within the context of Poland’s turbulent political history and shows how the Constitutional Tribunal had to take on a role that reached far beyond the traditional competences of constitutional courts during a period of political change. The Polish Constitutional Tribunal has undergone a significant evolution during its thirty years of existence. Founded in the communist state as a dependent institution, it has become an independent constitutional court on the basis of the current constitution. In addition, the chapter gives an overview of the Constitutional Tribunal as an institution and lays out the proceedings and judgments the Tribunal carries out. It takes a closer look in particular at how judicial review is conducted under the Tribunal. To conclude, the chapter discusses the constitutional crisis in Poland.
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