The Reversed Rule of Law in Legislation and Its Evaluation

Poland’s power is divided among the legislative, executive and judicial branches. These elements must be balanced and of comparable quality. The legislature plays a crucial role, establishing the framework for the rule of law. For public institutions to operate solely on a legal basis, it is essential to understand what the law means in this context and how it is created and evaluated. This Chapter examines law-making
in Poland and outlines the foundations of its legal system, including statutes, regulations and constitutional provisions. Based on these foundations, it assesses whether the requirements of the Polish Constitution and the status of the sources of law are being met. Common violations at parliamentary and executive levels are highlighted, focusing on excesses, lack of transparency and conflicts with constitutional norms. The Chapter also discusses how to ensure the legality and effectiveness of law, exploring substantive conditions, institutional frameworks and procedural safeguards. Key mechanisms for judicial review, including the role of the Constitutional Tribunal and other oversight bodies, are also addressed.

Keywords: legislation, sources of law, Constitution, the rule of law, legalism, constitutional review