- Year of publication: 2022
- Source: Show
- Pages: 5-12
- DOI Address: -
Dualism of Executive Power in the Third Polish Republic – Constitutional Regulations and Political Practice
The aim of the article is a critical analysis of the rationalized parliamentary system established in the Constitution of the Republic of Poland with the strengthened position of both bodies of the dualistic executive. The study presents the regulations increasing the political role of the President and the government (prime minister) as well as the conditions and political effects of the adopted system. The premise of the article is to highlight the dysfunctionality of the constittional model of the executive and the practice of its implementation.
dualism of executive power rationalised parliamentarism president in Polish Republic Council of Ministers, Prime Minister Constitution of Polish Republic political practice dualizm egzekutywy zracjonalizowany parlamentaryzm Prezydent RP premier Konstytucja RP praktyka polityczna
The Issue of Supplementing the Ratification Act with Additional Content (art. 89 of the Polish Constitution)
The authors point to arguments of legal interpretation of the Constitution that would justify the possibility of including additional provisions in the statute agreeing to ratify the international agreement (Article 89(1) of the Polish Constitution). A condition for such an extension would be the direct link between the additional content and the implementation of the international agreement and the possibility of adopting additional content in the ordinary legislative procedure. Such provisions could not violate the provisions of the Polish Constitution. The authors also point to non-legal arguments that could justify such action by the legislature in a particular situation. However, they favour the uniqueness of such a solution and its embedding in a specific systemic context.
On the Need to Reform the Mechanisms of Accountability for Violations of the Rules of Ethics of Deputies
Considering the poor standards of public life, the existence and functioning of the Deputies’ Ethics Committee constitute essential elements of the Polish parliamentarism. Although not the only one, the principal task of the Deputies’ Ethics Committee is to react to the actions of deputies that violate the rules of ethics of deputies adopted in 1997. After more than 20 years of the Committee’s operation, we can identify areas where there are noticeable dysfunctions, e.g. the composition of the Committee, the mechanism of imposing penalties and their type. With the 2018 amendment to the Standing Orders of the Sejm, a new mechanism was also introduced to hold deputies accountable for actions violating ethical standards occurring during sessions of the chamber as well as on the premises under the authority of the Chancellery of the Sejm, effectively allowing us to speak of a duality of accountability.
Legal Question to the Constitutional Tribunal. Expectations and Directions of Changes
This study is devoted to the analysis of the provision of Article 193 of the Constitution of the Republic of Poland, which authorizes each court to submit a legal question to the Polish constitutional court about the compliance of a normative act with the Constitution, ratified international treaties or the act, if the answer to a legal question depends on the resolution of a case pending before the court. It is worth considering the expectations and directions of changes of the analyzed institution against the background of the applicable legal provisions. The practice of applying a legal question to the Constitutional Tribunal needs to be examined. During these more than thirty-five years, the constitutional measure has undergone some transformations. The main goal of this work is to assess the title legal question through the prism of over three decades of its operation.
The Role of Consuls in the Organization of Elections Held Abroad (Comments Against the Background of Elections for the President of the Republic of Poland in 2020)
The purpose of this article is to analyze the tasks assigned to consuls in the course of organizing the election of the President of the Republic of Poland abroad. There is no doubt that the Polish legislator has entrusted the consuls with the role of the actual organizers of elections held abroad, which entails a significant responsibility these entities. The study also examines the supervision over the performance of tasks by consuls in the field of the organization of elections. In this range, it should be noted that there is a significant difference, consisting in the delegation of supervisory tasks over the performance of electoral activities by consuls to the minister competent for foreign affairs, with a significant limitation of the powers of the NEC, which is, after all, the main body supervising compliance with the electoral law. In these considerations, mainly the formal and legal method was used.
Impact of Changes in the Electoral System in 2018 on the Political Position of Presidential Parties in Municipalities over 20,000 Inhabitants
The aim of the paper is to assess the impact of changes introduced in 2018 to the electoral system used in elections of the councils of municipals over 20,000 inhabitants on the political position of the parties backing selected mayors and presidents of cities. This research perspective is justified by the special role of these groups resulting from the system of the commune, in particular the method of election and irrevocability of the executive, that is forced to try to gain control over the decision-making process in the council. The study used the Shapley-Shubik strength index as that reflects the actual strength of a political party in a collegiate body better than the number of seats or participation in a mandate set. The results of the survey confirmed that the analyzed change weakened the position of the presidential parties in most of the analyzed aspects.
game theory local elections local government commune council political strength Shapley-Shubik power index teoria gier rada gminy wybory samorządowe samorząd terytorialny siła polityczna indeks siły Shapleya-Shubika
The Principle of Secret Voting in the Constitution of the Republic of Poland and the Possibility of Implementing Popular Voting with the Use of E-voting Based on Blockchain Technology
The principle of secret voting is one of the basic elements of the Polish electoral system. Its character does not raise many doubts in the literature on the subject. It seems, however, that secrecy of voting may be one of the main challenges in the context of plans to implement Internet voting in universal suffrage. Many scientists place their hope in blockchain. It is a technology that ensures high security. On the basis of this article, I consider whether blockchain – due to its characteristics – can be used in Poland as a technology enabling voting via the Internet. I pay particular attention to the principle of secret voting, which may be difficult to implement with the use of this solution.
Voting confidentiality the principle of secret voting the Polish Constitution Internet voting Blockchain block systems e-voting Tajność głosowania zasada tajności głosowania Konstytucja RP głosowanie przez Internet systemy blokowe
On the Concept of the Electoral Treshold in Elections to Municipal Councils
The barrier clause is an institution of special importance in the context of the proportional system. The aim of this article is to present and evaluate the course of parliamentary work accompanying the transformation of the concept of the prohibition clause in the elections to municipal councils in 1990–2018. The research carried out on the basis of the formal-dogmatic method allows us to assume that the position of the dominant political forces on the application and level of the election threshold in local elections was characterized by considerable variability, showing connections with the lack of a clearly crystallized view on the shape of the electoral system in the strict sense of the organs constituting the basic level of local government.
Levellers and Universal Manhood Suffrage During the Putney Dabates (1647)
This is a review article. Its purpose is to present the findings of researchers on the English Levellers’ attitude to universal manhood suffrage, especially during the Putney Debates (1647). This issue is not clear and the dispute of researchers has been going on since the 1960s. The aim of the article is to present the findings on this issue contained in the important English studies on Levellers. The article presents the results of research that allows to answer the questions: whether the Levellers really supported the universal manhood suffrage, or were they therefore unconditional democrats? and why despite the success achieved during the Putney Debates the electoral reform proposed by them did not gain broad support.
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