Zasada udziału samorządu terytorialnego w sprawowaniu władzy publicznej na podstawie orzecznictwa Trybunału Konstytucyjnego

Abstract

The share of local government in the exercise of public powering Poland gained the status of a constitutional principle, however Its wording in the Constitution is very concise. The constitutional legislator has restrained himself to the insertion of the explicit guarantee of participation of local government In the exercise of public authority in Article16 Section 2of the Constitution. At the same time the overall substance of the Constitution shows that the canon of public authority system leant against the selfgovernment axis and bears relations to other rules and principles of constitutional law, in particular to Chapter VII of the Constitution. This cardinal principle of the political system of modern democratic Poland, and especially its scope, is fraught with interpretative enigmas, which results in various opinions of legal doctrine on the issue. Therefore a complete decipherment of this principle should be sought in the case law of the Constitutional Court, which constitutes the main objective of this article.