Comparative Analysis of the Models of Constitutional Review in Portugal and in Poland

Abstract

The article critically analyses the models of the constitutionality inspection adopted in Portugal and in Poland. For this purpose the comparative method has been applied, comparing Portuguese and Polish approaches. Theoretical aspects of the constitutionality inspection are discussed and the notions of the centralised and the diffuse inspection model are introduced. Then the paper analysis the actual inspection practices in both countries discussing the diffuse and concentrated inspection separately. Constitutional rules pertaining to the direct effect of the constitutions, constitutional jurisdiction of judges and operation of the constitutional courts are considered. The article concludes that in both countries different models of constitutionality inspection operate. In Portugal operates the mixed constitutionality inspection model while in Poland, despite views advocating for permissibility of the diffuse control, the centralised model functions.