The article presents the legislative process of creating a cooperative law after 1989 in Poland. In Author’s opinion, the negative phenomena in lawmaking include revision of the Law on cooperatives, especially those concerning the functioning of housing cooperatives, or defining the conditions for the transformation of cooperatives into commercial companies.
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The commentary contains reflections on the proper arrangement of legal matters between statutes and regulations. In the commented judgment, the Constitutional Tribunal decided that the introduction — by the force of a sub-statutory act — of the obligation to place the symbols of the cause of disability on the disability certificate is inconsistent with the Constitution. At the same time, the Tribunal declared that the symbols shall be specified in a statute. The commentary contains the author’s opinion on the relations between a statute and a regulation in the context of regulations restricting constitutional rights and freedoms. In particular, the necessity to comprehensively formulate the key matters in a statute is pointed to, while the executive’s task is to regulate the detailed matters.
A democratic state involves the existence of a fundamental Law which expressly states values and democratic principles that are universally, internationally and regionally recognized. Specialized literature has shown that the mission of the modern state can only be fulfilled by a public power that is its essential characteristic, namely, through sovereignty [1]. The connection between sovereignty and political power is reflected in the complex relationships between the principle of separation and balance of powers, rule of law, political pluralism and state institutions and organizations.
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