Konstytucyjna pozycja Senatu w kontekście zasadności istnienia tego organu

Abstract

THE CONSTITUTIONAL POSITION OF SENATE IN THE CONTEXT OF THE LEGITIMACY OF ITS EXISTENCE The aim of the article is to analyse the prevailing views on the constitutional position of the Senate of the Republic of Poland. Attention was paid to the powers of the analysed body, its constitutional status, as well as its real impact on the functioning of the state. An important feature in this regard is the reflection on the purposefulness of the existence of this body in the context of its current competences. Both the views on the science of law and the jurisprudence of the Constitutional Tribunal will be analysed. The formal-dogmatic method was used in the article. It seems that the legitimacy of the existence of the Senate in the context of the current Constitution is at least substantively questionable. Therefore, according to the authors, the extension of the powers of the Senate should be considered. Then the functioning of a bicameral parliament in a unitary state would be substantively justified.

Keywords

• Senat
• konstytucja
• Sejm
• prezydent
• parlament
• władza ustawodawcza