Published: 2025-09-30

The UK statutory instrument and the Polish rozporządzenie (regulation): a comparative analysis of implementing acts in the Polish and UK legal systems

Marta Gontarz-Dobrowolska
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2025.25.3.06

Abstract

This article provides a comparative analysis of the secondary legislation used in the legal systems of the Republic of Poland and the United Kingdom of Great Britain and Northern Ireland. The article presents the legal instruments for implementation in the hierarchy of the legal systems in force in Poland and the UK respectively, their types and who exercises the power to institute them. I consider the UK’s statutory instrument with respect to Poland’s rozporządzenie, also to compare and contrast the systemic position of the governments of the two countries and the influence they have on legislation. My article draws attention to a problem observed in the Polish doctrine, namely that the powers granted in the 1997 Constitution of the Republic of Poland provide too narrow a scope to ensure the smooth institution of legislation in line with the requirements of the Council of Ministers (the Polish cabinet). I describe the instruments adopted in the UK’s legal order, which I believe may serve as a point of reference in the search for a different method of regulation that could be applied in Poland.

Keywords:

comparative constitutional law, UK law, executive act, executive power, legislation

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Citation rules

Gontarz-Dobrowolska, M. (2025). The UK statutory instrument and the Polish rozporządzenie (regulation): a comparative analysis of implementing acts in the Polish and UK legal systems. Zeszyty Prawnicze, 25(3), 151–169. https://doi.org/10.21697/zp.2025.25.3.06

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