Konstytucyjna konstrukcja upoważnienia do stanowienia aktów prawa miejscowego przez organy samorządu terytorialnego

This study aims to analyse the model of an authorization to issue enactments of local law by organs of local self-government, as stipulated in the Constitution of the Republic of Poland of 2 April 1997. Pursuant to Article 94 of the Constitution, an authorization to issue enactments of local law must be based on and within the limits specified by a statute. The principle of exclusivity of a statue is of crucial importance for the constitutional model of an authorization to issue enactments of local law by organs of local self-government. The scope of a matter, which may be delegated by the legislature on the local self-government organs, depends on its subject. With regard to the details, the Constitution has not set a single standard for an authorization to issue enactments of local law by organs of local self-government. Dependent on the matter delegated by the legislature, the degree of specificity of the mandate for enactments of local law by local self-government bodies will require an assessment a casu ad casum.