Author: Jan Wiktor Tkaczyński
E-mail: jan.tkaczynski@wp.pl
Institution: Uniwersytet Jagielloński
Year of publication: 2018
Source: Show
Pages: 19-57
DOI Address: https://doi.org/10.15804/ppk.2018.03.01
PDF: ppk/43/ppk4301.pdf

Streszczenie:

The end of Nazism lawlessness, proved – beyond reasonable doubt – that values which are sustainable and unbreakable exists. These values are getting older – as everything in this world, but does not become outdated. As a starting point shall be taken joint and individual experiences from National-Socialists period, which cannot be forgotten, especially from perspective of historical context: the state and society were impact by ideological experiment. The experiment had a common meaning – individuals disregard and cult of masses. Never individualism did not mean so few. And never the freedom of individual was so deficit commodity. When thinking deeper on this subject, it is – without any doubts, possible to assumed, that these past experiences had strong and thorough influence on authors of German constitution from 1949. It shall be emphasized that the opening word of the German Basic Law is: „The human dignity is irrebuttable”. From the point of legal system, it is striking, because in typical (and – commonly used in other democratic systems) opening constitutional provisions, we can read, to whom the power in the state is dedicated, or what is the legal form of state.

prawo konstytucyjne Niemcy prawa człowieka

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Author: Halina Zięba-Załucka
E-mail: hzalucka@onet.eu
Institution: Uniwersytet Rzeszowski
Year of publication: 2018
Source: Show
Pages: 59-76
DOI Address: https://doi.org/10.15804/ppk.2018.03.02
PDF: ppk/43/ppk4302.pdf

Streszczenie:

Nowadays, it is more and more often that the decisions of individuals are shaped by the media, and for the permanent dialogue of power and citizens it becomes necessary to apply new information and telecommunications techniques, including the Internet. For a society to be fully called civil society: citizens should be well informed, should be interested in politics, should have equal rights of expression and participation in decision making, all decisions should be subject to public debate. At first glance, it can be seen that virtually none of the points is implemented in practice, but rather are marginalized. And the media has become the leading discussion forum on public and state issues. The author reflects on the influence of democracy and mass media on the course of the election campaign and on the image of the candidate in the election. The media are also presented as so-called the fourth authority (after three forms of power: executive, legislative and judiciary), which controls other authorities and informs the public about possible failures. The role of the fourth power assigned to them seems to be insufficient for the media, more and more often we observe many cases in which the media interfere in the constitutional order. The author notes that it often happens that mass media activities do not serve the good of society and the democratic system. So instead of favorably influencing the development of democracy and social awareness, they limit and deform it.

sondaże demokracja kampania wyborcza konstytucja media

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Author: Jarosław Szymanek
E-mail: jaroslawszymanek@o2.pl
Institution: Uniwersytet Warszawski
Year of publication: 2018
Source: Show
Pages: 77-102
DOI Address: https://doi.org/10.15804/ppk.2018.03.03
PDF: ppk/43/ppk4303.pdf

Streszczenie:

The article deals with the subject of evaluation of legislation in the French parliament. The French model for the assessment of adopted legislation is highly original and – to some extent – unique. This is mainly determined by the increase of evaluation activities to the rank of constitutional decisions and a clear recognition that the so-called evaluation of public policies (évaluation des politiques publiques) is one of the functions of the parliament. French experience can not be treated as a model for the establishment of similar assessment procedures in the analytical work of the Polish Sejm. These are carried out on the basis of general scientific and expert advice, which, however, from a formal point of view, are not the proper parliamentary procedure (as is the case in France). However, one can reach for a general scheme of evaluation methodology, which regardless of whether the assessment of adopted laws is carried out by parliament bodies (eg committees) or entities that are part of the Sejm Chancellery (eg BAS) can be adopted. This is primarily about the introduction of two levels of such an assessment, i.e. the level of assessment of the legal degree of implementation of the Act (through the relevant implementing acts) and the level of proper impact assessment that the Act triggers (substantive evaluation). It seems that following the French solutions, one could also introduce, as a solution, optimal, temporal assumptions for such control, i.e. a period of six months to assess whether the law was correctly introduced by the government into the legal circulation and a period of three years to assess this whether the effects that the Act triggers correspond to what was expected at the time the bill was submitted.

ocena skutków regulacji funkcje parlamentu ewaluacja legislacja parlament,

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Author: Łukasz Buczkowski
E-mail: lxb@wp.pl
Institution: Państwowa Wyższa Szkoła Informatyki i Przedsiębiorczości w Łomży
Year of publication: 2018
Source: Show
Pages: 103-130
DOI Address: https://doi.org/10.15804/ppk.2018.03.04
PDF: ppk/43/ppk4304.pdf

Streszczenie:

The aim of the article is to present some selected proposals for changes within the Polish electoral law, which – despite the fact that they were formulated by the doctrine of constitutional law and international organizations overseeing the correctness of the election process and were raised in the legislative process – in most cases – have not yet been reflected in subsequent amendments to the Electoral Code. The analysis included the proposals reported by the National Electoral Commission regarding the changes in the provisions of the Code relating to the voting lists, the introduction into the Polish legal order of the national institutions the independent election observers, the admissibility of bringing an appeal to the court against the decisions of the National Electoral Commission, and some cyclical demands to abolish the election silence. The assessment of the indicated issues was made in the light of the OSCE’s position, the science of law, the decisions of the Constitutional Court and the proposed amendment bills to the electoral law.

Państwowa Komisja Wyborcza krajowi obserwatorzy wyborów spis wyborców cisza wyborcza prawo wyborcze

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Author: Mariusz Giełgut
E-mail: mariusz.gielgut@op.pl
Institution: Wyższa Szkoła Agrobiznesu w Łomży
Year of publication: 2018
Source: Show
Pages: 131-144
DOI Address: https://doi.org/10.15804/ppk.2018.03.05
PDF: ppk/43/ppk4305.pdf

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The article deals with the issue of a newly formed formation called the State Protection Service, which was established in place of the Government Protection Bureau. The author of the text presents the tasks assigned to the formation and the privileges granted to perform these tasks. He draws attention to the extension of the competences of the formation with the possibility of conducting operational and reconnaissance activities. It presents the threats posed by the functioning of a number of services authorized to secretly obtain, process and transmit information and the impact of these activities on the constitutional rights and freedoms of the individual.

czynności operacyjno-rozpoznawcze Służba Ochrony Państwa konstytucyjne prawa jednostki

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Author: Jan Uniejewski
Institution: Uniwersytet Szczeciński
Author: Anna Pazura
Institution: Uniwersytet Szczeciński
Year of publication: 2018
Source: Show
Pages: 163-166
DOI Address: https://doi.org/10.15804/ppk.2018.03.08
PDF: ppk/43/ppk4308.pdf

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