O potrzebie instytucjonalizacji opozycji parlamentarnej w przepisach regulaminu Sejmu RP

Abstrakt

The article is devoted to the issue of the legal institutionalization of the parliamentary opposition in the Sejm of the Republic of Poland. The starting point is the recognition that today the opposition (especially parliamentary) is a standard of democratic regulations, connected with such principles as e.g. a democratic state of law or political pluralism (or, more broadly, civil society). Hence, for a long time in the parliamentary law of many countries in the world (Germany, France) the functioning of the opposition has been regulated by the parliamentary Standing Orders, and sometimes it is even regulated by constitutional provisions. From this point of view, the provisions of Polish law still leave the phenomenon of the opposition outside the legal regulation. Nevertheless, the postulates of the legal institutionalization of the opposition, at least in the Standing Orders of the Sejm are raised more and more loudly in the doctrine. The Author points out that this issue is not only of major importance in terms of the political system, but also raises a number of problems in regard to the practical way of describing the opposition (who should create it, how to isolate the opposition and whether it should be formed by all non-governmental groups or only some of them; what rights should be granted to the opposition to make it not only an ornamental opposition but also an opposition capable of active actions). It is important that legal provisions not only mark its existence, but create real mechanisms of its influence on the work of the parliament.