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Preliminary Study On Constitutional Court System Of Poland

Posted on:2018-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:S J LiuFull Text:PDF
GTID:2336330512484528Subject:Law
Abstract/Summary:PDF Full Text Request
In the eighties of last century,the Polish People's Republic introduced the Constitutional Court system,the Polish Constitutional Court has gone through more than 30 years of history,the Polish Constitutional Court has established an authoritative position in the Polish state institutions and people through its own constitutional practice and has played an increasingly important role in the construction of democratic politics in Poland.This paper discusses the Constitutional Court of Poland from the aspects of historical origin,system content and operational effectiveness.In the first chapter,on the basis of introducing the constitutional history of Poland,the Polish Constitutional Court system in Poland is rooted in Poland's long constitutional tradition.The Constitutional Court system is not out of thin air,but in the specific historical conditions,the political environment was able to take root.The review of the history of the Polish Constitutional Review can deepen the understanding of the Polish Constitutional Court.The second chapter analyzes the nature,organization and responsibilities of the Polish Constitutional Court.The Constitutional Court system is a breakthrough in the traditional system of separation of powers and should be considered as a judicial institution outside the common court system.The current constitution gives the Constitutional Court a relatively transcendent position in the state system,expounding its jurisdiction with clear constitutional provisions,including regulating the right to review,resolving disputes over the powers of the central state organs,reviewing the constitutionality of political parties,and violating constitutional rights Appeal,reflecting the real needs of Polish democratic political construction.The third chapter combs the procedures for the review of the application of the Constitutional Court of Poland in more details,including the commencement of the review process,the manner of review,the organization of the trial,the duration of the trial,and the validity of the judgment.The review process of the Constitutional Court is a matter of legal and technical problems,and the existence of legal technology provides a path to transform values into operational norms.The fourth chapter analyzes the characteristics of the practice of the Polish Constitutional Court from the perspective of operational effectiveness.The main body of starting the review procedure is mainly the organs of public power of a particular country.The Polish Constitutional Court enriches the connotation of constitutional principles such as democratic rule of law,equality and proportionality through its examination and practice.But the Polish Constitutional Court has also experienced a change from judicial activism to judicial self-control,and need to find a balance between the constitutional review function and the authority of the administrative organs.On the basis of summing up the previous text,the author puts forward three enlightening conclusions:First,we must build the system of constitutional review with Chinese characteristics in the background of our political system.Secondly,we should pay more attention to the openness and transparency of the procedures and strengthen the public's participation in the review process.Thirdly,we should cultivate a number of high-level review teams with a "constitutional spirit" to truly ensure the impartiality and authority of constitutional review.
Keywords/Search Tags:"Poland", "review of constitutionality", " constitutional tribunal"
PDF Full Text Request
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