Author: The Editors
Year of publication: 2021
Source: Show
Pages: 5-12
DOI Address: -
PDF: ppk/62/ppk62toc.pdf

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Author: Piotr Uziębło
Institution: Uniwersytet Gdański
ORCID: https://orcid.org/0000-0003-2473-9240
Year of publication: 2021
Source: Show
Pages: 17-37
DOI Address: https://doi.org/10.15804/ppk.2021.04.01
PDF: ppk/62/ppk6201.pdf

Streszczenie:

The republican system from the perspective of the century of the March Constitution of 1921

The main purpose of this article is to show the evolution of the understanding of the republican form of government in the Republic of Poland. This analysis concerns not only the legal regulation of this constitutional principle, but also refers to changes in the views of the constitutional doctrine on the perception of the republican principle, including its components. Discrepancies in the perception of the principle of the republican form of government among researchers were and are significant, which shows that for over 100 years of an independent Polish State, these disputes are still vigorous. The aforementioned differences in the interpretation of the republican principle concern primarily the material elements of this principle, revealing the relationship between the republican system and other principles of the system, first of all the principle of the sovereignty of the people (the nation), the principle of the separation of powers and the principle defining the system of government. For this reason, it becomes necessary to decode these rules in a way that respects the republican traditions. and, consequently, in a way that allows the implementation of the values that underpin the creation of the republican system, not so much as a negation of the monarchy, but as an alternative form to it.

ewolucja ustroju Rzeczypospolitej Polskiej zasady ustrojowe republikańska forma rządów evolution of the political system of the Republic of Poland constitutional principles republican form of government

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Author: Dariusz Dudek
Institution: Katolicki Uniwersytet Lubelski Jana Pawła II
ORCID: https://orcid.org/0000-0002-1372-9285
Year of publication: 2021
Source: Show
Pages: 39-56
DOI Address: https://doi.org/10.15804/ppk.2021.04.02
PDF: ppk/62/ppk6202.pdf

Streszczenie:

President of the Republic of Poland – reflections on the 100th anniversary of the institution

The author presents the historical regulation of the President in the Polish constitutional law of the period 1918–1939. He shows the evolution and specific features of the institution, from the office of the Chief of State in years 1918–1922, through the limited regulation of the President in the Constitution of 1921 and its amendment of 1926, to the original concept of the head of state in the polish Constitution of 1935. The author notes the visible, sometimes negative impact of personal conditions on the regulations contained in the constitutions of the Second Republic, as well as the importance of Polish tradition for the process of creating and the content of the currently binding Constitution of 1997.

konstytucja Prezydent Rzeczypospolitej ewolucja legitymizacja urzędu Prezydenta the Constitution, the President of the Republic of Poland legitimization of the office of the President

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Author: Joanna Juchniewicz
Institution: Uniwersytet Warmińsko-Mazurski w Olsztynie
ORCID: https://orcid.org/0000-0002-7837-0963
Year of publication: 2021
Source: Show
Pages: 57-73
DOI Address: https://doi.org/10.15804/ppk.2021.04.03
PDF: ppk/62/ppk6203.pdf

Streszczenie:

In search of an optimal model of the Council of Ministers – a hundred years of experience

Since Poland regained independence in 1918, there have been several constitutional acts in force (constitutions and the so-called “small constitutions”). Each of them contained provisions defining the scope of government activity, its structure, the mechanisms of appointing and dismissing cabinet members, as well as the principles of accountability. The paper outlines the way in which these issues have been developing over the past 100 years and to what extent the current solutions constitute the continuation of the solutions of the Constitution of 17 March 1921.

Council of Ministers, composition of the government appointing and dismissing the government accountability Rada Ministrów skład rządu odpowiedzialność

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Author: Sławomir Patyra
Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
ORCID: https://orcid.org/0000-0002-6331-9006
Year of publication: 2021
Source: Show
Pages: 75-94
DOI Address: https://doi.org/10.15804/ppk.2021.04.04
PDF: ppk/62/ppk6204.pdf

Streszczenie:

Everything has already been done, i.e. the heritage of the Polish parliamentarism of the 20th century

The Article is an attempt to evaluate the experiences of Polish parliamentarism in the twentieth century. The author analyzes Polish constitutional regulations and parliamentary practice, with a particular focus on the solutions adopted in the years 1919–1935, as well the impact of these regulations on the evolution of Polish parliamentarism after the Second World War, also taking into account the current political experiences. The analysis leads the author to the conclusion, that the contemporary defects of the system of parliamentary government are to a large extent the result of the historical experiences of Polish parliamentarism.

parliamentarism system of government systemic heritage parlamentaryzm, system rządów dziedzictwo ustrojowe

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Author: Grzegorz Pastuszko
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0002-1494-6409
Year of publication: 2021
Source: Show
Pages: 95-117
DOI Address: https://doi.org/10.15804/ppk.2021.04.05
PDF: ppk/62/ppk6205.pdf

Streszczenie:

Functioning of the parliamentary opposition during the period of the Constitution of 1921 and 1997 – selected issues

This article is a jubilee text, intended to celebrate the centenary of the adoption and entry into force of the Constitution of the Republic of Poland of 1921. The author discusses the issues of the functioning of the parliamentary opposition in two historical periods of the 2nd and 3rd Republic of Poland, analyzing legal regulations and political mechanisms. Due to the limited volume framework of this study, this analysis has been limited to some issues only. Their selection was primarily determined by the similarities in the sphere of normative and political phenomena that can be noticed in both epochs. Hence, the article includes topics related to: the legal basis and the normative concept of the functioning of the parliamentary opposition, the impact of the parliamentary opposition on the appointment of positions in the internal organizational apparatus of the Sejm, relations between the parliamentary opposition and the Marshal of the Sejm, the levels of rivalry and cooperation between the parliamentary opposition and the ruling camp. The author’s argument leads to a bitter reflection that the existing parliamentary system has still not freed itself from the ballast of the past and is far from a system adhering to the developed standards of protection of the rights of the opposition that exist in modern countries.

Konstytucja z 1997 r system parlamentarny Konstytucja z 1921 r opozycja parlamentarna the Constitution of 1997 the Constitution of 1921 parliamentary system parliamentary opposition

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Author: Mariusz Jabłoński
Institution: Uniwersytet Wrocławski
ORCID: https://orcid.org/0000-0001-8347-1884
Year of publication: 2021
Source: Show
Pages: 119-151
DOI Address: https://doi.org/10.15804/ppk.2021.04.06
PDF: ppk/62/ppk6206.pdf

Streszczenie:

100 years of defining the Polish model of “separation” of the judiciary – what we had, what we have and what we might want to have

The subject of the study is an analysis of over a hundred years of practice defining the role and political position of courts in Poland. The verification will be subject to compliance in the practice of exercising power not only with constitutional provisions (or indicating the reasons and consequences of their omission), but also with other regulations that accompany the creation and application of specific legal solutions in the context of guaranteeing the independence of the judiciary. At the same time, the assessment of the adopted solutions in terms of respect for the standards developed by international bodies for the protection of individual freedoms and rights and EU bodies was taken into account.

judicial power separation judicial independence Constitution independence of the judiciary separation of powers władza sądownicza separacja niezawisłość sędziowska konstytucja niezależność sądownictwa podział władz

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Author: Andrzej Bisztyga
Institution: Uniwersytet Zielonogórski
ORCID: https://orcid.org/0000-0002-6579-9656
Year of publication: 2021
Source: Show
Pages: 153-169
DOI Address: https://doi.org/10.15804/ppk.2021.04.07
PDF: ppk/62/ppk6207.pdf

Streszczenie:

Freedoms and rights of the individual in the hundredyear perspective of Polish constitutionalism

The hundredth anniversary of the adoption of the March Constitution provides an opportunity to trace the constitutional regulations regarding the freedoms and rights of an individual in the time perspective of the age of Polish constitutionalism. The study undertook the procedure of presenting the evolution of catalogs of freedoms and rights of an individual proper to successive Polish constitutional regulations, taking into account the issue of guarantees of these freedoms and rights and the implementation of European tools in this field. The author proves the thesis about the fundamental lack of continuity of the solutions in the field of individual freedom and rights contained in the March Constitution in the 100-year perspective of Polish constitutionalism. He also points out that the history of shaping the constitutional status of an individual in republican Poland is characterized by a systemic and conceptual discontinuity.

Freedoms and rights of the individual the constitutional catalog of individual freedoms and rights Polish constitutionalism guarantees of individual freedoms and rights the 100th anniversary of Polish constitutionalism the Constitution of the Republic of Poland of March 21 1921 the March Constitution Wolności i prawa jednostki konstytucyjny katalog wolności i praw jednostki polski konstytucjonalizm gwarancje wolności i praw jednostki 100-lecie polskiego konstytucjonalizmu Konstytucja Rzeczypospolitej Polskiej z 21 marca 1921 r. Konstytucja marcowa

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Author: Anna Chorążewska
Institution: Uniwersytet Śląski w Katowicach
ORCID: https://orcid.org/0000-0003-2917-3119
Year of publication: 2021
Source: Show
Pages: 171-188
DOI Address: https://doi.org/10.15804/ppk.2021.04.08
PDF: ppk/62/ppk6208.pdf

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Territorial self-government as a pillar of the democratic state – reflections on the idea of local self-government in the light of the self-governing traditions of the Second Republic of Poland

Territorial self-government has been widely analyzed in Polish literature of the interwar period. At that time, its three theories were formulated: naturalistic, state and political. The first one contrasted the self-government with the state, stressing that municipality is historically older than the latter and, as a result, independent; it is the state that derives its powers from the municipality, and not conversely. The second theory advanced a thesis that state power is exercised by state authorities, including through local communities with a separate legal status. Self-governance was thus to be expressed in the idea of decentralizing public authority. Although it identified self-government with state administration, the third theory demanded that self-governmental powers be exercised by independent officials, regarding their independence as a guarantee of effective exercise of the powers attributed to self-government. Investigations made at that time into the essence, nature, and form of self-government remained valid until the present day, determining democratic values as the basis for territorial self-government’s status in the current Constitution of Poland.

territorial self-government theories in the interwar period local/regional self-government status of self-governing community civil society authority/powers of territorial self-government interwar period teorie samorządu terytorialnego dwudziestolecia międzywojennego samorząd lokalny/regionalny status wspólnoty samorządowej społeczeństwo obywatelskie władza/uprawnienia samorządu terytorialnego dwudziestolecie międzywojenne

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Author: Michał Mistygacz
Institution: Uniwersytet Warszawski
ORCID: https://orcid.org/0000-0001-7083-7840
Author: Jacek Zaleśny
Institution: Uniwersytet Warszawski
ORCID: https://orcid.org/0000-0002-8231-4454
Year of publication: 2021
Source: Show
Pages: 191-201
DOI Address: https://doi.org/10.15804/ppk.2021.04.09
PDF: ppk/62/ppk6209.pdf

Streszczenie:

Considerations on the introduction of the constitutional control of the law in the era of the March Constitution – reconstruction of the discourse

The subject of the article is the reconstruction and explanation of the considerations on the failure to introduce the constitutional control of the law in the era of the March Constitution. It is argued that this was an issue noticeable by participants in legal and political relations, which was repeated during the period when it was in force, in particular after 1926 – due to the progressive abuse of the law and the fascization of political relations. Representatives of the doctrine of constitutional law are assigned a special role in promoting the importance of the control of the law for the process of building the rule of law. In this context the thesis of the article is as follows: the attitude to the control of the constitutionality of the law was not politically indifferent. It is argued that it was primarily the right-wing formations that opted for it, while the left-wing formations were against it.

the March Constitution control of the constitutionality of the law the rule of law abuse of the law Konstytucja marcowa kontrola konstytucyjności prawa praworządność nadużywanie prawa

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