INDEPENDENCE OF CONSTITUTIONAL JUSTICES: STUMBLING BLOCKS IN UKRAINE AND POLAND
The article is devoted to the problems of the functioning of constitutional justice in Poland and Ukraine. Applying the methodology of comparative law research and empirical analysis, the authors consider the problems of the violation of the principle of independence of constitutional justice in...
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Format: | Article |
Language: | English |
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VD Dakor
2021-05-01
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Series: | Access to Justice in Eastern Europe |
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Online Access: | http://ajee-journal.com/independence-of-constitutional-justices-stumbling-blocks-in-ukraine-and-poland |
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author | Olena Boryslavska Granat Miroslaw |
author_facet | Olena Boryslavska Granat Miroslaw |
author_sort | Olena Boryslavska |
collection | DOAJ |
description | The article is devoted to the problems of the functioning of constitutional
justice in Poland and Ukraine. Applying the methodology of comparative law
research and empirical analysis, the authors consider the problems of the violation
of the principle of independence of constitutional justice in these countries, explore
common and distinctive features of crisis situations, try to find the reasons that cause them,
and deduce the relationship between the legitimacy of the decisions of the constitutional justice
bodies and independence of these bodies. The authors substantiate and analyse two components of the legitimacy of the constitutional courts’ decisions: substantive (fairness and compliance of decisions with the principles of constitutionalism) and instrumental (proper validity and argumentation, which leave no doubt about the fairness and correctness of such a decision). |
first_indexed | 2024-12-20T15:31:29Z |
format | Article |
id | doaj.art-5cbd7015d89c4998a10294e16df6a3b3 |
institution | Directory Open Access Journal |
issn | 2663-0575 2663-0583 |
language | English |
last_indexed | 2024-12-20T15:31:29Z |
publishDate | 2021-05-01 |
publisher | VD Dakor |
record_format | Article |
series | Access to Justice in Eastern Europe |
spelling | doaj.art-5cbd7015d89c4998a10294e16df6a3b32022-12-21T19:35:35ZengVD DakorAccess to Justice in Eastern Europe2663-05752663-05832021-05-012 (10)82310.33327/AJEE-18-4.2-a000057INDEPENDENCE OF CONSTITUTIONAL JUSTICES: STUMBLING BLOCKS IN UKRAINE AND POLANDOlena Boryslavska 0https://orcid.org/0000-0001-8338-0966Granat Miroslaw 1https://orcid.org/0000-0002-8439-6940Dr.Sc. (Law), Prof. of the Department of Constitutional Law, Ivan Franko National University of Lviv, Ukraine olena.boryslavska@lnu.edu.uaDr.Sc. (Law), Prof. of Constitutional Law at Cardinal Stefan Wyszynski University, Warsaw, Poland (Served as a Judge at the Polish Constitutional Court from 2007-2016) m.granat@uksw.edu.pl The article is devoted to the problems of the functioning of constitutional justice in Poland and Ukraine. Applying the methodology of comparative law research and empirical analysis, the authors consider the problems of the violation of the principle of independence of constitutional justice in these countries, explore common and distinctive features of crisis situations, try to find the reasons that cause them, and deduce the relationship between the legitimacy of the decisions of the constitutional justice bodies and independence of these bodies. The authors substantiate and analyse two components of the legitimacy of the constitutional courts’ decisions: substantive (fairness and compliance of decisions with the principles of constitutionalism) and instrumental (proper validity and argumentation, which leave no doubt about the fairness and correctness of such a decision).http://ajee-journal.com/independence-of-constitutional-justices-stumbling-blocks-in-ukraine-and-polandkeywords:constitutional justiceconstitutional crisisindependence of judges |
spellingShingle | Olena Boryslavska Granat Miroslaw INDEPENDENCE OF CONSTITUTIONAL JUSTICES: STUMBLING BLOCKS IN UKRAINE AND POLAND Access to Justice in Eastern Europe keywords:constitutional justice constitutional crisis independence of judges |
title | INDEPENDENCE OF CONSTITUTIONAL JUSTICES: STUMBLING BLOCKS IN UKRAINE AND POLAND |
title_full | INDEPENDENCE OF CONSTITUTIONAL JUSTICES: STUMBLING BLOCKS IN UKRAINE AND POLAND |
title_fullStr | INDEPENDENCE OF CONSTITUTIONAL JUSTICES: STUMBLING BLOCKS IN UKRAINE AND POLAND |
title_full_unstemmed | INDEPENDENCE OF CONSTITUTIONAL JUSTICES: STUMBLING BLOCKS IN UKRAINE AND POLAND |
title_short | INDEPENDENCE OF CONSTITUTIONAL JUSTICES: STUMBLING BLOCKS IN UKRAINE AND POLAND |
title_sort | independence of constitutional justices stumbling blocks in ukraine and poland |
topic | keywords:constitutional justice constitutional crisis independence of judges |
url | http://ajee-journal.com/independence-of-constitutional-justices-stumbling-blocks-in-ukraine-and-poland |
work_keys_str_mv | AT olenaboryslavska independenceofconstitutionaljusticesstumblingblocksinukraineandpoland AT granatmiroslaw independenceofconstitutionaljusticesstumblingblocksinukraineandpoland |