Kamil Spryszak
Przegląd Konstytucyjny, Numer 3 (2019), 2019, s. 80-100
Expressing consent for ratification of an international agreement – constitutional model and conditions for its implementation
Every political and legal system must have settled procedures for incurring international obligations, that is, besides indicating the authority responsible for signing international agreements, rules determining who and when (in what mode) agrees to ratification and who carries out the act of ratification. Parliament’s participation in ratifying or terminating international agreements, and in particular certain types of such agreements, falls within the standards of a democratic state organizing its system according to the principle of separation of powers. It takes, depending on the will of the particular constitution-maker and legislator, various forms, but as such it is a common phenomenon in the countries of Western democracy, and also embraced by post-socialist states, called the states of the new democracy.