KONSTYTUCJA A TEORIA PRAWA

Abstract

The article is a collection of reflections on theoretical problems involved with the Constitution of the Republic of Poland voted April 2, 1997, and inspired by a dissertation Some Chosen Problems of the Theory and Philosophy o f Law. A Constitution - edited by Andrzej Bator (published in Wrocław in 1999). In connection with solutions adopted in the new Polish Constitution - the article is devoted to Following issues: the structure of juridical norms, and more especially - of constitutional ones, the structure of a legal system and the position of a Constitution within this system; the application of the law and more particularly - of constitutional dispositions; philosophical and juridical assumptions for constitutional concept of the sources of law. The analysis of solutions comprised in the new Polish Constitution results in a revision of a series of essential concepts and statements hitherto admitted in the theory of law.