The rules of majority do not automatically guarantee a well-functioning democracy. The legal system binding in a given country should constitute a coherent, predictable and robust entity, since only then it is able to successfully protect the rights of individuals and minorities, as well as to ensure that everybody’s basic rights and freedoms are fully respected within a community – writes Dr Krzysztof Łokucijewski, CIR’s expert and a lecturer at WSB University in Gdańsk, in his analysis „The scrutiny of the constitutionality of law in the democratic countries”.
The ruling majority must respect fundamental principles and system values of a democratic legal state, such us the separation of powers, or judicial independence. This is the reason why instruments to control the constitutionality of law have been introduced – to assess the conformance of legal acts with the constitution. The comparative analysis presents how they are implemented in the world – adds Dr Łokucijewski.
The full analysis (in Polish) is available below:
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