Problematyka klauzul generalnych w orzecznictwie Trybunału Konstytucyjnego

Abstract

The issue of general clauses in the jurisprudence of the Constitutional Court plays a significant role. The Constitutional Court perceives the role of appliance of such clauses in legislation as positive and also takes a cautious approach as far as matter of unconstitutionality of said clauses is concerned. In this paper the standpoint of the Constitutional Court will be presented, according to which general clause are introduced in order to make provisions of law more flexible, to prevent said provisions from over‑regulation and — at the same time — to simplify the appliance of law in a manner that takes into account particular circumstances of the case. Regardless of the above another standpoint will be presented, that the use of the general clauses by the lawmaker meets the requirements regarding correctness and validity of the law‑ making process in the state under the rule of law and per se does not violate the Constitution. Violation of the principle of the sufficient specificity of legal provisions can be acknowledged in only two cases — one — it would be impossible to give expression used in the general clause meaning that could be compatible with the Constitution and two — a stabile jurisprudence would have existed, giving this expression unconstitutional meaning.