Restrictions of the legislative powers of the Parliament as a condition for establishing a balanced authorities: historical and constitutional considerations

Author(s):  Jacek Zalesny, Dr., University of Warsaw, Warsaw, Poland

Yaroslav Szymanek, Dr., Analytical Department of the Office of the Seimas, Warsaw, Poland,

Issue:  Volume 44, № 3

Rubric:  Actual Problems of Legal Regulation

Annotation:  The review and evaluation of the process of formation and development of control of constitutionality of laws in Europe. Attention is focused on the results of this process, following from the special importance of the law as a parliamentary act, correlated with the expression of the will of the sovereign. Genesis of process of control of constitutionality of laws and its main phases is investigated, and also the contradictions accompanying them in the state structure are proved. It is concluded that currently the control of legislative activity of the Parliament is complex and is carried out by such subjects as: the Parliament, which during the legislative procedure should provide for special decisions aimed at checking the compliance of the law with the Constitution; the head of state, which, as the guarantor of the Constitution, should check the compliance of the adopted law with constitutional standards; constitutional courts (or other similar bodies), assessing the constitutionality of laws

Keywords:  formation and development of control over the constitutionality of laws, european countries, law as an act of parliamentary, balance of power.

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