THE LEGAL RESPONSIBILITY OF THE SUPREME STATE OFFICIALS UNDER THE CONSTITUTION OF THE REPUBLIC OF POLAND
THE LEGAL RESPONSIBILITY OF THE SUPREME STATE OFFI-CIALS UNDER THE CONSTITUTION OF THE REPUBLIC OF POLAND

Author : Viktoria SERZHANOVA
Number of pages : 1-13

Abstract

The legal responsibility of the supreme state officials for breaching the law is an extremely essential issue for contemporary democratic states’ functioning, because strict observance of legal provisions by them, both of the basic law and statutes, especially in connection and during their terms of offices, is one of the most significant elements of the principle of a democratic legal state and the parliamentary form of government. Therefore, creating effective mechanisms of executing constitutional responsibility seems to be a real challenge for modern states. This problem seems to be even more essential and vivid for those states which do not have long and stable traditions of statehood or democracy and still remain on the stage of solidifying their statehood foundations, as well as seeking, striving for and testing their ways of democratic development, being rather new for them hitherto. The hereby paper aims at conducting a legal analysis of the problematics related to the constitutional responsibility on the grounds of the binding Constitution of the Republic of Poland of 1997. In particular, it concentrates on presenting the issues concerning the concept, legal instruments and procedures allowing to apply and execute this kind of liability. The subject of the paper particularly focuses on presenting the author’s reflections on the notion of the constitutional responsibility present in the Polish constitutional law doctrine, touching upon its origin and evolution, its different models, pointing out its essence, scope, both from the perspective of the subject that such responsibility covers and objects falling under it, as well as the procedures obliging before the Tribunal of State, being a special judicial authority established by the Constitution for the purpose of considering and adjudicating on such kind of liability.

Keywords

legal/constitutional responsibility, the Constitution of the Republic of Poland of 1997, breaching t

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