Przegląd Sejmowy

Items from 1 to 20 out of 822 results

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INDEPENDENCE OF LOCAL GOVERNMENT IN THE CONTEXT OF THE CONSTITUTION

I. Lipowicz

Przegląd Sejmowy > 2007 > 4(81) > 175-193

Independence of local government is often pointed out in the literature and jurisprudence as one of the most recognized attribute of local government and which deserves particular protection. This article presents the evolution of this idea, constitutionally approved in 1997. Among basic types of independence: systemic, material and financial, the last one is particularly well examined and interpreted,...

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UNIVERSALISM OF HUMAN RIGHTS IN THE CONSTITUTION: SAFE AND DANGEROUS RELATIVIZATIONS

J. Zajadlo

Przegląd Sejmowy > 2007 > 4(81) > 93-112

During the recent decades, the issue of human rights has been the subject of serious controversy among philosophers, political scientists and lawyers. This universal debate was concentrated on a dispute between the supporters of the two opposite concepts - universalism and relativism. The author agrees with those scholars who attempt to reconcile these two extreme approaches to the essence of the...

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THE FUNCTIONING OF THE CONSTITUTION OF THE REPUBLIC OF POLAND OF 2 APRIL 1997

P. Sarnecki

Przegląd Sejmowy > 2007 > 4(81) > 33-47

Poland's Constitution of 2 April 1997 is a result of fundamental transformations of Poland's political system, initiated probably in April - September 1989 and manifested in numerous legislative acts in the years 1989-1997. During these 8 years several constitutional acts were temporarily in force, Poland ratified the European Convention on the Protection of Human Rights and Fundamental Freedoms and...

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THE AXIOLOGY AND SPIRIT OF THE CONSTITUTION OF THE THIRD REPUBLIC OF POLAND

Z. Stawrowski

Przegląd Sejmowy > 2007 > 4(81) > 49-64

The author makes an assumption that any text of the constitution cannot properly be understood without its historical, cultural and political contexts. Therefore, he presents in detail the historical context of work on a constitution of democratic Poland, starting with the debates of the Round Table. In this respect, he distinguishes three stages of systemic transformations, delineated by successive...

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THE CONSTITUTION OF THE REPUBIC OF POLAND IN THE CONTEXT OF THE DEVELOPMENT AND ACHIEVEMENTS OF POLISH CONSTITUTIONALISM

M. Granat

Przegląd Sejmowy > 2007 > 4(81) > 11-32

Poland was the first country in Europe to adopt a written constitution (of 3rd May 1791). Subsequent constitutions were adopted after the restoration of independence which took place in 1918. These were the March Constitution of 1921 and April Constitution of 1935. Both acts varied considerably. After World War II Poland lost its capacity to shape its system of government in an independent way. This...

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THE CONSTITUTION AND 'EXTERNAL AFFAIRS'

L. Garlicki

Przegląd Sejmowy > 2007 > 4(81) > 195-210

The Constitution of 1997, compared to its predecessors, takes a more comprehensive approach to the issue of division of competence to exercise of external powers and the issue of the status of international law in the domestic legal system. These regulations have proved their practical usefulness and do not require review. The more so that they have been created with full awareness of the evolution...

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SUBORDINATION OF THE STATE TO THE INDIVIDUAL AND TO HUMAN RIGHTS AS A CENTRAL IDEA OF POLAND'S CONSTITUTION OF 2 APRIL 1997: A GOAL OR AN ACHIEVEMENT?

M. Piechowiak

Przegląd Sejmowy > 2007 > 4(81) > 65-90

The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate,...

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THE ENDURANCE OF THE INFORMAL INSTITUTIONS AS A BENCHMARK FOR THE 1997 CONSTITUTION ASSESSMENT

A. Wolek

Przegląd Sejmowy > 2007 > 4(81) > 275-291

The article focuses on the discrepancies between the rules of the 1997 Polish Constitution and political practice. The main thesis is that the divergence is a result of the enduring effect of informal rules or institutions which emerged in the early period of Polish transition. The informal institutions are defined, following O'Donnell and Lauth, as stable rules that are created, communicated and...

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ON THE PROPOSAL OF AMENDMENT OF POLAND'S CONSTITUTION OF 1997

B. Banaszak, M. Granat

Przegląd Sejmowy > 2007 > 4(81) > 293-309

In the course of parliamentary and presidential election campaign held in 2005, the majority of main political parties opted for change of the existing Constitution of 1997. Two parties: the Law and Justice (Prawo i Sprawiedliwosc) and Self-Defence (Samoobrona) submitted comprehensive drafts of new constitution, while Civic Platform (Platforma Obywatelska) presented a draft of far-reaching modifications...

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THE PRINCIPLE OF SEPARATION OF POWERS IN THE CONSTITUTION OF THE REPUBLIC OF POLAND

R. Piotrowski

Przegląd Sejmowy > 2007 > 4(81) > 113-126

The principle of separation of powers is among those rules governing proper functioning of the State which accompany the reflection about the exercise of State authority since it has become the subject of discussion concerning the attributes of a government the people deserve. This question attracts interest of constitutionalism since its birth. At the same time, the separation of powers principle...

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ON THE CONSTITUTIONAL NOTION OF THE CONDUCT OF POLICY

R. Stemplowski

Przegląd Sejmowy > 2007 > 4(81) > 229-253

As the Constitution stipulates that 'The Council of Ministers conducts home and foreign policy' (Article 146.1), the author begins his article by emphasizing the comprehensiveness of the term 'policy'. It is the Council of Ministers and only the Council which is empowered to conduct the policy. He explains the social roles of the politician, the official (civil servant), and the expert, and dwell...

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THE TRIBUNALS AFTER TEN YEARS UNDER THE RULE OF THE CONSTITUTION OF THE THIRD REPUBLIC OF POLAND

M. Zubik

Przegląd Sejmowy > 2007 > 4(81) > 151-173

The article deals with selected issues concerning the organization and competence of the Tribunals and their role in the system of government in Poland, i.e. the Constitutional Tribunal and the Tribunal of State (Impeachment Court). The author presents basic foundations of the Constitution of 1997 as well as further legislative changes. The first part of the article discusses the matters concerning...

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THE CONSTITUTIONAL RELICS OF TRANSFORMATIONS: POLITICAL COMPETITION AND THE SHAPING OF POLITICAL INSTITUTIONS

R. Matyja

Przegląd Sejmowy > 2007 > 4(81) > 255-273

The existence in the Constitution of 2 April 1997 of numerous relics of the transformation process does not result from strong political competition, but rather from opportunism that has hindered actions taken to rationalize Poland's political system. The objective of the short-term solutions adopted during the 'Open Table' debates in 1989 was to contribute to the building of mutual confidence of...

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SIX FUNCTIONS OF THE SEJM OF THE REPUBLIC OF POLAND

A. Balaban

Przegląd Sejmowy > 2007 > 4(81) > 127-149

The construction of particular functions of the Sejm, separated in this paper, results from generalization of conclusions from joining individual competences of the Sejm in homogenous groups. This allows to use presumption of competence within a given function and their further extension. Shaping the system of government takes now the form specified by the constitution. The constitutional function...

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POLAND'S CONSTITUTION IN THE LIGHT OF BASIC LAWS EXISTING IN OTHER COUNTRIES OF THE CENTRAL AND EASTERN AND SOUTHERN EUROPE

A. Rakowska, K. Skotnicki

Przegląd Sejmowy > 2007 > 4(81) > 211-227

This article attempts to compare the Constitution of the Republic of Poland of 2 April 1997 with the basic laws of other countries of Central and Eastern, and Southern Europe. The authors points out that even if the systemic transformations were initiated in 1989 in Poland, the adoption of Poland's constitution concluded the process of adoption of basic laws by the European countries of former Socialist...

article

THE SMALL CONSTITUTION OF 1947 AND THE POLISH CONSTITUTIONAL TRADITION

P. Czarny

Przegląd Sejmowy > 2007 > 5(82) > 57-73

The article deals with a 60 year-old act, the Constitutional Act of 19th February 1947 on the system and scope of operation of the supreme organs of the Republic of Poland, which is also called the Small Constitution. The main purpose of the article is to examine whether, and to what extent, this Act could be treated as part of the Polish constitutional tradition. The first part presents the origins...

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THE SMALL CONSTITUTION OF 1992

R. Chrusciak

Przegląd Sejmowy > 2007 > 5(82) > 89-110

The Constitutional Act of 17 October 1992 on the mutual relations between the legislative and executive institutions of the Republic of Poland and on local self-government, called popularly the Small Constitution, is the third constitutional act in Poland's modern history characterized by a limited scope of regulation and temporary (provisional) nature. The one and a half year period of preparation...

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THE ORIGINS OF THE CONSTITUTION OF THE POLISH PEOPLE'S REPUBLIC OF 22 JULY 1952

P. Borecki

Przegląd Sejmowy > 2007 > 5(82) > 75-87

The subject of the creation of the Constitution of the Polish People's Republic is not yet sufficiently examined. This is because the most important and crucial decisions on the content of the future constitution were taken by a select group which included state and party leaders of the Polish People's Republic. Having taken power in Poland, the Communists arbitrarily rejected the April 1935 Constitution,...

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THE STUDY AND EDUCATION OF POLITICAL LAW AT THE JAN KAZIMIERZ UNIVERSITY IN LVOV

A. Redzik

Przegląd Sejmowy > 2007 > 5(82) > 111-142

The article is dedicated to the study and educational activity in the field of constitutional law at the Jan Kazimierz University in Lvov. It cover the period from the setting up the Law Faculty in 1784 until 1939, i.e. the beginning of WW II in result of which Lvov was incorporated to the Soviet Union. The most space was devoted to professor Stanislaw Starzynski - the master and doyen of Lvov constitutionalists...

article

THE CONSTITUTIONAL SYSTEM OF THE DUCHY OF WARSAW

M. Kallas

Przegląd Sejmowy > 2007 > 5(82) > 11-32

The author describes the political consequences of the war campaign of 1806/1807 in the result of which Napoleon established the Duchy of Warsaw, being in fact a continuance of the Polish Commonwealth in part of its territory. Then there was created a Polish state with limited sovereignty and dependent on the French Empire. Over time, the Poles had gradually got used to treat the Duchy of Warsaw as...

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Przegląd Sejmowy

INDEPENDENCE OF LOCAL GOVERNMENT IN THE CONTEXT OF THE CONSTITUTION

UNIVERSALISM OF HUMAN RIGHTS IN THE CONSTITUTION: SAFE AND DANGEROUS RELATIVIZATIONS

THE FUNCTIONING OF THE CONSTITUTION OF THE REPUBLIC OF POLAND OF 2 APRIL 1997

THE AXIOLOGY AND SPIRIT OF THE CONSTITUTION OF THE THIRD REPUBLIC OF POLAND

THE CONSTITUTION OF THE REPUBIC OF POLAND IN THE CONTEXT OF THE DEVELOPMENT AND ACHIEVEMENTS OF POLISH CONSTITUTIONALISM

THE CONSTITUTION AND 'EXTERNAL AFFAIRS'

SUBORDINATION OF THE STATE TO THE INDIVIDUAL AND TO HUMAN RIGHTS AS A CENTRAL IDEA OF POLAND'S CONSTITUTION OF 2 APRIL 1997: A GOAL OR AN ACHIEVEMENT?

THE ENDURANCE OF THE INFORMAL INSTITUTIONS AS A BENCHMARK FOR THE 1997 CONSTITUTION ASSESSMENT

ON THE PROPOSAL OF AMENDMENT OF POLAND'S CONSTITUTION OF 1997

THE PRINCIPLE OF SEPARATION OF POWERS IN THE CONSTITUTION OF THE REPUBLIC OF POLAND

ON THE CONSTITUTIONAL NOTION OF THE CONDUCT OF POLICY

THE TRIBUNALS AFTER TEN YEARS UNDER THE RULE OF THE CONSTITUTION OF THE THIRD REPUBLIC OF POLAND

THE CONSTITUTIONAL RELICS OF TRANSFORMATIONS: POLITICAL COMPETITION AND THE SHAPING OF POLITICAL INSTITUTIONS

SIX FUNCTIONS OF THE SEJM OF THE REPUBLIC OF POLAND

POLAND'S CONSTITUTION IN THE LIGHT OF BASIC LAWS EXISTING IN OTHER COUNTRIES OF THE CENTRAL AND EASTERN AND SOUTHERN EUROPE

THE SMALL CONSTITUTION OF 1947 AND THE POLISH CONSTITUTIONAL TRADITION

THE SMALL CONSTITUTION OF 1992

THE ORIGINS OF THE CONSTITUTION OF THE POLISH PEOPLE'S REPUBLIC OF 22 JULY 1952

THE STUDY AND EDUCATION OF POLITICAL LAW AT THE JAN KAZIMIERZ UNIVERSITY IN LVOV

THE CONSTITUTIONAL SYSTEM OF THE DUCHY OF WARSAW

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