POJĘCIE LEGALNOŚCI W ORZECZNICTWIE TRYBUNAŁU KONSTYTUCYJNEGO

Abstract

The Constitutional Tribunal as the organ brought into being to examine a conformity of the law with the Constitution - focuses first of all on verifying formal exigencies of legality and only when, after such a research, it occurs that all formal criteria were met - proceeds to examine a contents itself of questioned legal act from the point of view of its conformity with the Constitution. Such a mode of proceeding is a consequence of the conception o f law which is adopted in our system. According to this conception the law itself determines what kinds of general legal acts can be admitted and, secondly, what organs are competent for to vote them. Analysis of the hitherto acquired experience in taking judicial decisions by the Constitutional Tribunal is being illustrated by the Author with examples of several chosen cases decided by this organ; fragments of written decisions are cited as well as those of opinions formulated by the Constitutional Tribunal on legality o f Polish legislative acts.