Rozproszona kontrola konstytucyjności prawa w czeskim i polskim porządku prawnym – trwała praktyka ustrojowa czy potrzeba chwili?

Abstract

Both in Poland and the Czech Republic, the basic model of constitutional review is the model of centralised review carried out by a specialised body, which is respectively the Constitutional Tribunal and the Constitutional Court. Nevertheless, despite the fact that the Constitution of neither country refers directly to the power of the courts to review the constitutionality in the process of law application, in both Poland and the Czech Republic such power can be interpreted from the provisions of the Constitution, as confirmed by both the doctrine and the jurisprudential practice of the courts. In both countries, the courts assess the legality and constitutionality of the law with regard to sub-statutory acts, moreover the application of norms by the courts is based on the principle of pro-constitutional interpretation of the law. In the Czech Republic, dispersed review is also applied when international agreements or EU law are the standard of review, which is a certain difference from the Polish solutions, where the competence to examine the compliance of laws with international agreements ratified with prior consent is explicitly provided for in the Constitution. The article also draws attention to the impact of the constitutional crisis in Poland on the change in the approach of both doctrine and jurisprudence to the issue of admissibility of dispersed constitutional review in Poland.