Constitutional Tribunal in an Argument with the President, Government and Parliament of the Polish Republic in 2015

Abstract

Abstract The judicial decision of the Constitutional Tribunal from 3rd December 2015 (K/34/15) is the subject of the analysis. In this case the Tribunal considered the matter of the constitutional character of the act on the Constitutional Tribunal from June 2015. The authors focused on the question of justification of the Tribunal opinion regarding the regulations which were the basis for the appointment of five judges of the Constitutional Tribunal by the Sejm of VII term. While discussing the justification of the Tribunal the authors emphasize that the Tribunal justified its opinion, according to which it acknowledged the constitutional basis for the appointment of three individuals and questioned the constitutional character of the same regulations in case of two others, in an entirely superficial manner. The authors present as a significant element of their reasoning the circumstances of adopting by the American Supreme Court in 1803 the adjudication in the Marbury v. Madison case in order to emphasize in this context the weight of rational and thorough argumentation of the grave constitutional matters. Taking the above into account, it is even more clearly visible that in the discussed judicial decision the Constitutional Tribunal limited its reaction to the laconic set of arguments regarding this key matter.