<abstract xmlns="http://www.w3.org/1999/xhtml"><p>On the dogmatic basis, many constitutional classifications stand out, some of them have been functioning for hundreds of years based on a few basic statements, others update in different intervals temporal internal political forces of individual states. Factors influencing the durability of basic legal acts are numerous and diverse. The assumption of the construction of constitutional acts is their durability and rigidity of the rules they regulate. The features of constitutional laws are the invariability of provisions, the scope and detail of regulations, the degree of public involvement in the process of making them, and superiority in relation to other legal acts established by state authorities. It seems impossible to indicate the factors implying the necessity to make changes in the basic acts. However, one may wonder how much influence on their functioning exerts, for example, changes in the system of international forces and international law, ongoing armed conflicts or international integration processes. The aim of the article is to indicate the catalog of factors determining the constitution’s durability as a fundamental legal act in the state. The author would like to answer the question whether it is possible in the rapidly changing modern world to maintain the basic principles from a few or several decades ago. The comparative analysis will be based on the indicated objective of the basic laws of selected countries.</p></abstract>

On the dogmatic basis, many constitutional classifications stand out, some of them have been functioning for hundreds of years based on a few basic statements, others update in different intervals temporal internal political forces of individual states. Factors influencing the durability of basic legal acts are numerous and diverse. The assumption of the construction of constitutional acts is their durability and rigidity of the rules they regulate. The features of constitutional laws are the invariability of provisions, the scope and detail of regulations, the degree of public involvement in the process of making them, and superiority in relation to other legal acts established by state authorities. It seems impossible to indicate the factors implying the necessity to make changes in the basic acts. However, one may wonder how much influence on their functioning exerts, for example, changes in the system of international forces and international law, ongoing armed conflicts or international integration processes. The aim of the article is to indicate the catalog of factors determining the constitution’s durability as a fundamental legal act in the state. The author would like to answer the question whether it is possible in the rapidly changing modern world to maintain the basic principles from a few or several decades ago. The comparative analysis will be based on the indicated objective of the basic laws of selected countries.

Immutable Values – Durability of the Constitution from a Historical Perspective and Contemporary

Law and Administration in Post-Soviet Europe

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

On the dogmatic basis, many constitutional classifications stand out, some of them have been functioning for hundreds of years based on a few basic statements,...

Immutable Values – Durability of the Constitution from a Historical Perspective and Contemporary

Publié en ligne: 26 déc. 2019

Pages: 37 - 45

DOI: https://doi.org/10.2478/lape-2019-0004

Mots clés
constitution, change, amendment, durability, law

© 2019 Łukasz Szymański, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Immutable Values – Durability of the Constitution from a Historical Perspective and Contemporary

Publié en ligne: 26 déc. 2019

Pages: 37 - 45

DOI: https://doi.org/10.2478/lape-2019-0004

Mots clésconstitution, change, amendment, durability, law

© 2019 Łukasz Szymański, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Mots clés
constitution, change, amendment, durability, law