Author: The Editors
Year of publication: 2017
Source: Show
Pages: 3-8
DOI Address: -
PDF: ppk/40/ppk40toc.pdf

Streszczenie:

CONTENTS / SPIS TREŚCI

table of contents

Author: Giulia Aravantinou Leonidi
E-mail: giulia.aravantinouleonidi@uniroma1.it
Institution: University la Sapienza of Rome
Author: Mariathi Kalyviotou
E-mail: m.kaliviotou@parliament.gr
Institution: Scientific Council of the Hellenic Parliament
Author: Małgorzata Lorencka
E-mail: malgorzata.lorencka@us.edu.pl
Institution: University of Silesia in Katowice
Year of publication: 2017
Source: Show
Pages: 11-35
DOI Address: https://doi.org/10.15804/ppk.2017.06.01
PDF: ppk/40/ppk4001.pdf

Streszczenie:

The article analyzes the political changes that have taken place in Greece following a double parliamentary election of 2015 (in January and September), focusing on three levels: 1) party system change, 2) electoral system change into parliament, 3) constitutional reform. The first part of the text sets out the basic changes in the structure of the party system, emphasizing the electoral victory of the radical forces – the far left populist SYRIZA or the rise of the far-right (Golden Dawn) in the double election of 2015.
The paper also briefly reviews the nature and functioning of the Greek parliamentary electoral system with special regard to the newly adopted electoral law. In this respect, the paper highlights the main constitutional principles governing suffrage, as a necessary background to examining and understanding the framework upon which Greek electoral systems are based. It also presents the main features of the current electoral system, since it is the one to be applied in the following parliamentary election. The focus will be then on the recent reform of the electoral system in Greece after the adoption of Law 4406/2016. The paper analyses its most significant aspects and raises a number of relevant questions. Special reference is made to the voting procedure followed by the Greek Parliament for the adoption of Law 4406/2016, since it is a key factor for its enforcement.
Since the outbreak of the crisis discussions about constitutional reform have been ongoing in Greece, although the initiation of a formal amendment process was blocked until 2013, due to the time-constraints imposed by the constitutional amending formula. The paragraph assesses the proposals made in July 2016 by the Tsipras government for a radical revision of the 1975 Constitution, taking into account the intense debate which engaged Greek constitutional law scholars. The Author highlights the particular features of the Greek constitutional revision model, characterized by political-elite-driven change which has led in the past to amending attempts lacking of a broad consensus. The broad scope of the proposed amendments requires political foresight and caution to prevent the constitutional revision from being reduced to a mere political diversion to ensure the permanence in power of certain political actors in the absence of consent and to deflect attention from continued controversial austerity policies.

Grecja reforma konstytucji reforma systemu wyborczego zmiana systemu partyjnego Greece electoral system reform party system change constitutional reforms

Kontynuuj czytanie

Author: Piotr Mikuli
E-mail: p.mikuli@uj.edu.pl
Institution: Jagiellonian University in Cracow
Year of publication: 2017
Source: Show
Pages: 37-48
DOI Address: https://doi.org/10.15804/ppk.2017.06.02
PDF: ppk/40/ppk4002.pdf

Streszczenie:

The short article discusses the competences of ombudsmen in Sweden and Finland in relation to the judiciary. These institutions have controlling and supervisory powers in relation to courts of law, including the determination of the accountability of judges and typical competences of a prosecutor. The Author points out the necessity to read provisions of the constitutions and acts regulating the discussed competences in the light of the principle of the judiciary’s independence. Still, the supervisory rights of ombudsmen in Sweden and Finland are very well developed and may refer to issues approaching closely the sphere of jurisdiction. When assessing the solutions presented, the Author points out the fact that the ombudsmen in both countries have worked out respective practices aimed at such use of available means of control so they cannot be accused of a reasonable and too extended interference with the judiciary sphere.

sądy niezależność sądownictwo Finlandia Szwecja courts judiciary Finland Sweden ombudsman independence

Kontynuuj czytanie

Author: Łukasz Jakubiak
E-mail: lukasz.jakubiak@uj.edu.pl
Institution: Jagiellonian University in Cracow
Year of publication: 2017
Source: Show
Pages: 49-69
DOI Address: https://doi.org/10.15804/ppk.2017.06.03
PDF: ppk/40/ppk4003.pdf

Streszczenie:

The paper deals with distinguishing features of presidential systems of government adopted in the current or former constitutions of some Francophone African countries, such as Benin, Djibouti, Ivory Coast or the Republic of Congo. Particular attention has been devoted to the internal structure of the executive branch of government (the existence of the prime minister as a separate body) as well as to the reception of diverse mechanisms of rationalised parliamentarianism created previously in the constitution of the French Fifth Republic. The dynamics of constitutional changes leading to the adoption of presidentialism in place of semi-presidentialism and vice versa in such countries as Niger or Senegal has also been taken into account. In the light of the findings, it can be stated that the specific properties of presidentialism in Francophone Africa prove its apparent distinctness from certain typical assumptions of this model.

premier głowa państwa parlamentaryzm zracjonalizowany prezydencjalizm system rządów Afryka frankofońska the prime minister the head of state rationalised parliamentarianism presidentialism Francophone Africa the system of government

Kontynuuj czytanie

Author: Viktoriya Serzhanova
E-mail: viktoria@ur.edu.pl
Institution: University of Rzeszów
Year of publication: 2017
Source: Show
Pages: 71-86
DOI Address: https://doi.org/10.15804/ppk.2017.06.04
PDF: ppk/40/ppk4004.pdf

Streszczenie:

The present legal status of Transnistria neither seems to be obvious, nor distinctly determined. Its estimation in the context of the region’s statehood has been a subject of disputes of, and divides at the same time, the theorists of state, international lawyers, as well as experts in international relations and political sciences. The hereby paper is an attempt of making the analysis of the selected issues determining Transdniester’s status, first and foremost from the perspective of the theory of state and constitutional law, but also taking into account the international law point of view. It aims at finding an answer to the question on its legal and constitutional status as it is seen by both the unrecognized Transnistria’s state and Moldavia. The subject of the work contains the analysis of the elements of a state’s definition in the context of Transnistria. Moreover, it comprises considerations over the right of nations to self-determination and the problem of sovereignty as regards to the region. It also concentrates on the analysis of Transnistria’s status based on the Moldavian legislation, as well as different possibilities and opportunities/chances to solve the conflict lasting for almost thirty years.

prawo narodów do samostanowienia suwerenność władza publiczna terytorium ludność naród definicja państwa Naddniestrzańska Republika Mołdawska państwa nieuznawane Naddniestrze the right of nations to self-determination sovereignty public power territory people nation definition of a state Pridnestrovian Moldavian Republic unrecognized states Transnistria

Kontynuuj czytanie

Author: Michał Zbigniew Dankowski
E-mail: m.dankowski@vp.pl
Institution: University of Gdańsk
Year of publication: 2017
Source: Show
Pages: 87-99
DOI Address: https://doi.org/10.15804/ppk.2017.06.05
PDF: ppk/40/ppk4005.pdf

Streszczenie:

During the last decade the separatist activities of the Catalan nationalists have intensified. Despite the enactment of the Statute of Autonomy in 2006, extending the existing autonomy of the Autonomous Community, Catalonia’s governing political parties strived for total independence. In view of the consistent attitude of the central government in Madrid refusing any concessions on the extension of autonomy or independence, the Autonomous Government of Catalonia (Generalitat) appealed to the institutions of direct democracy, calling twice for a Catalan referendum on independence. In both cases, the Spanish Constitutional Court declared the referendum unlawful. In spite of this, Catalonia declared independence after the referendum of October 1st, 2017, although the effects of the declaration were also suspended – a situation so far unknown to law.

Statut Autonomiczny Wspólnoty Autonomiczne demokracja bezpośrednia prawomocność autonomia Hiszpania niepodległość Katalonia Statute of Autonomy Autonomous Communities legality Catalonia autonomy Spain independence direct democracy referendum

Kontynuuj czytanie

Author: Anna Michalak
E-mail: aniamich@wp.pl
Institution: University of Lodz
Year of publication: 2017
Source: Show
Pages: 101-114
DOI Address: https://doi.org/10.15804/ppk.2017.06.06
PDF: ppk/40/ppk4006.pdf

Streszczenie:

Any discussion of human rights in post-colonial countries of Asia conducted from the perspective of Western civilization faces many obstacles, particularly related to existing differences, or even cultural barriers and different traditions. Postcolonial states, despite the remaining remnants of the colonial era-visible in their legal systems, that still contain normative acts adopted before obtaining sovereignty – very firmly resist to the adoption of the universal catalog of human rights set out in the UN Covenants, as well as the use of standards in their observance that are compatible with those made within the United Nations. Both – the so-called ideology of Asian values, as well as the concept of the ASEAN community is not conducive to the creation of international binding legal framework and does not allow (or even leading in the future) to create a universal system of human rights protection. On the contrary – it leads to the deepening ideological differences or even philosophical, in the further development of democracy among Western countries and Asia. From the perspective of European constitutional law, it may be interesting to see the arguments of post-colonial Asia judges on the issue of the division of power in the context of judicial activism and the protection of constitutional values. The purpose of this publication is to present the views of Singapore’s judiciary in connection with the reforms introduced in 2013 that abolish the mandatory death penalty for certain crimes together with the possibility of replacing it by a court decision with life imprisonment and flogging.

aktywizm sędziowski kontrola konstytucyjności kara śmierci prawa człowieka Azja postkolonialna judicial discretion constitutional review the death penalty post-colonial Asia human rights

Kontynuuj czytanie

Author: Schweitzer Gábor
E-mail: schweitz@jog.mta.hu
Institution: Hungarian Academy of Sciences, National University of Public Service
Year of publication: 2017
Source: Show
Pages: 115-125
DOI Address: https://doi.org/10.15804/ppk.2017.06.07
PDF: ppk/40/ppk4007.pdf

Streszczenie:

The paper is dealing with the constitutional and historical importance of Act I. of 1946. In 1946 Hungary has changed its form of government. The passage of Act I of 1946 has defined Hungary’s form of government as a republic. In addition to the creation of a republic, the legislation provided powers for the president of the Hungarian Republic. Moreover, the Preamble of Act I. of 1946 was the first document in the Hungarian constitutional history which summarized and declared the most important natural and inalienable rights of the citizens.

konstytucja republika Węgry 1946 Republic prawa człowieka głowa państwa Constitution Hungary human rights head of state

Kontynuuj czytanie

Author: Paweł Kubacki
E-mail: coletti1899@gmail.com
Institution: University of Lodz
Year of publication: 2017
Source: Show
Pages: 127-139
DOI Address: https://doi.org/10.15804/ppk.2017.06.08
PDF: ppk/40/ppk4008.pdf

Streszczenie:

The subject of this article is the character and meaning of the head of state’s liability. The author notices that this institution is an important factor that determines the systemic and legal position of the supreme body in the country, and adopting different solutions in this matter may make the position of heads of state significantly different, even if they seem to have a similar character. This relation has been shown on the example of regulations of liability of the heads of state in Monaco and Liechtenstein. In both countries, there is an almost identical manner of appointing to the office of a head of state and the scope of their authorities. However, the matter of liability has been regulated in a completely different way in these two countries.

Książe Lichtnsteinu Książe Monako odpowiedzialność konstytucyjna Prince of Liechtenstein Prince of Monaco głowa państwa constitutional liability head of state

Kontynuuj czytanie

Author: Radosław Grabowski
E-mail: chatazawsia@wp.pl
Institution: University of Rzeszów
Year of publication: 2017
Source: Show
Pages: 141-154
DOI Address: https://doi.org/10.15804/ppk.2017.06.09
PDF: ppk/40/ppk4009.pdf

Streszczenie:

The practice of placing in the constitution provisions relating to state symbols (emblem, flag, anthem) is satisfactory. Often accompany such regulation standards, the task is to indicate the center of which is the state capital. The desirability of such regulations is questionable, hence the question whether it is a common practice. The analysis covers the EU Member States. It is a inhomogeneous group, which should be considered as an advantage, because it allows to review the solutions. The aim is to answer the question of whether the EU countries there is a widespread practice of the constitutional establishment of the state capital, whether it is the dominant model, is it possible there are different solutions in this area, when such adjustments are redundant, whether such cases allow conclusions that can be application in practice of Polish political system.

stolica państwa symbol państwowy the capital of the state state symbol konstytucja Constitution

Kontynuuj czytanie

Wiadomość do:

 

 

© 2017 Adam Marszałek Publishing House. All rights reserved.

Projekt i wykonanie Pollyart

Korzystając z naszej strony, wyrażasz zgodę na wykorzystywanie przez nas plików cookies . Zaktualizowaliśmy naszą politykę przetwarzania danych osobowych (RODO). Więcej o samym RODO dowiesz się tutaj.