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The Emergence of Judicial Review in Eastern Europe: The Case of Poland

The Emergence of Judicial Review in Eastern Europe: The Case of Poland MARK F. BRZEZINSKI Th e Emergence of Judicial Review in Eastern Europe: Th e Case of Poland INTRODUCTION In the spring of 1982, following the crushing of the democratic movement in Poland, the Polish Communist regime announced the creation of an "independent" judicial body to review the constitu­ tionality of all legal acts. The Polish Constitutional Tribunal, en­ trusted with the responsibility to "adjudicate[ ] on th e conformity of law[s] with the Constitution," was a unique creation in the Soviet bloc and a radical departure from orthodox communist constitution­ alism. Reflecting expectations regarding the role of the Constitu­ tional Tribunal, an article in Prawo i Zycie (Law and Life), a Polish law journal, proclaimed: "The foundation of th e Tribunal creates an altogether new law structure. The Constitution, which is at the top of this structure, will now be almost directly applicable, as it will be possible to check if nearly every newly issued legal act agrees with th e Constitution. The Constitution thus starts to resemble other acts directly influencing the rights and duties of citizens [and] the operation of state institutions. . . . Generally speaking, it is hoped tha t the Constitutional Tribunal will ensure http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

The Emergence of Judicial Review in Eastern Europe: The Case of Poland

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Publisher
Oxford University Press
Copyright
© 1993 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840716
Publisher site
See Article on Publisher Site

Abstract

MARK F. BRZEZINSKI Th e Emergence of Judicial Review in Eastern Europe: Th e Case of Poland INTRODUCTION In the spring of 1982, following the crushing of the democratic movement in Poland, the Polish Communist regime announced the creation of an "independent" judicial body to review the constitu­ tionality of all legal acts. The Polish Constitutional Tribunal, en­ trusted with the responsibility to "adjudicate[ ] on th e conformity of law[s] with the Constitution," was a unique creation in the Soviet bloc and a radical departure from orthodox communist constitution­ alism. Reflecting expectations regarding the role of the Constitu­ tional Tribunal, an article in Prawo i Zycie (Law and Life), a Polish law journal, proclaimed: "The foundation of th e Tribunal creates an altogether new law structure. The Constitution, which is at the top of this structure, will now be almost directly applicable, as it will be possible to check if nearly every newly issued legal act agrees with th e Constitution. The Constitution thus starts to resemble other acts directly influencing the rights and duties of citizens [and] the operation of state institutions. . . . Generally speaking, it is hoped tha t the Constitutional Tribunal will ensure

Journal

American Journal of Comparative LawOxford University Press

Published: Apr 1, 1993

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