- Tytuł:
-
Geneza i rozwój skargi konstytucyjnej w Europie
The orgins and development of constitutional complaint - Autorzy:
- Szmulik, Bogumił
- Powiązania:
- https://bibliotekanauki.pl/articles/12274312.pdf
- Data publikacji:
- 2006-06-30
- Wydawca:
- Wydawnictwo Adam Marszałek
- Opis:
- The origins of the concept of constitutional complaint in Europe can be traced back to the German legal culture. The very term constitutional complaint has a German root and it was used in legal writings at the beginning of the second half of the 19th century in the context of the solutions proposed in a draft of the 1849 Constitution of the Reich. The very prototype of the modern constitutional complaint did not appear until the Austro-Hungarian Constitutional Act of 1867, establishing the Reich Court, to which the citizens could refer if their constitutional rights were violated. The complaints however could not be filed against statutes. Yet, as emphasised by Austrian legal scholars, in 1867–1918, the Reich Court was the only tribunal in Europe that handled complaints of citizens relating to the violations of their constitutional rights by the state authorities. An important breakthrough did not occur until the turn of the 19th century, i.e. the emergence of the so-called Vienna School of Legal Theory, which made significant determinations in the hierarchy of the system of law and the role of the constitution as the key, in hierarchical terms, normative act that all other acts should comply with, including regular statutes. It was the beginning of a concentrated model of constitutional judiciary, established under the strong influence of H. Kelsen, which found its normative expression for the first time in the Austrian Constitution of 1920, under whose Article 144 the complaint could be filed only against an administrative act. Apart from Austria, another country where the constitutional complaint was introduced before WW II was Spain. Article 131 of the Spanish Constitution of 1931 lays down the competence of the Constitutional Tribunal to adjudicate appeals with respect to the protection of civic guarantees, if complaints filed with other authorities remained ineffective. Shortly after the war, the institutional complaint appeared first in the various Western German countries, to finally find its way into the Federal Constitutional Tribunal Act of 12th March, 1951. As a constitutional tool it has been present since 1969. In the case of Austria, the Constitutional Tribunal was reinstated under an amendment to the constitution of October 1945. Another European country in which it was accepted was Spain in 1978, Belgium and other countries. The further development and dissemination of the constitutional complaint coincided with the political breakthrough in Central and Eastern Europe, where the complaint appeared together with the establishment of the new constitutional tribunals in such countries as: Hungary (1989), Russia (1990), Slovenia (1991), Albania (1992), Czech Republic (1992), Slovakia (1992) and Poland after the enactment of the new Constitution and the Constitutional Tribunal Act in 1997.
- Źródło:
-
Athenaeum. Polskie Studia Politologiczne; 2006, 15-14; 107-134
1505-2192 - Pojawia się w:
- Athenaeum. Polskie Studia Politologiczne
- Dostawca treści:
- Biblioteka Nauki
Artykuł