ABSTRACT

The Constitutional Tribunal has played a key role in shaping the democratic rule of law and in protecting human rights in Poland. Over the 30 years of its activity it has developed significant jurisprudence. This chapter outlines the origins of the constitutional judiciary in Poland and the status of the Tribunal under the Constitution of 1997. It discusses the selected cases from the Tribunal's jurisprudence related to a sensitive constitutional principle, especially in the period of the world financial crisis, namely the principle of budget balance. The cited judgements demonstrate the tension between the financial cuts made by the government in the name of maintaining budget balance and the necessity of protecting the social rights of citizens by the Tribunal. The chapter considers the crisis of the Tribunal and its activity. The Tribunal fulfilled the role of the guardian of the Constitution.