Author: Michał Zbigniew Dankowski
E-mail: m.dankowski@vp.pl
Institution: Uniwersytet Gdański
Year of publication: 2018
Source: Show
Pages: 189-205
DOI Address: https://doi.org/10.15804/ppk.2018.01.10
PDF: ppk/41/ppk4110.pdf

Streszczenie:

More than half a century ago, it has been proven that the author of the first practical application of the liberum veto institution was Władysław Siciński during the Winter Sejm of 1652. The opinion presented by the senior Polish parliamentarian researcher of the mid-17th century, Ludwik Kubala, about the reasons of the breakdown of the discussed Sejm has been fixed. It was pointed out to Janusz Radziwiłł’s activity, which was to use Siciński for his own political games. For over a hundred years, the position presented by Kubala has not been challenged, even though it does not have sufficient reasoning in the sources. It can not be ruled out that the current hypothesis is correct, but it is also necessary to look at other possible reasons for the precedential application of the liberum veto institution.

1652 Radziwiłł Siciński liberum veto Rzeczpospolita Obojga Narodów Sejm

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Author: Katarzyna Kos
E-mail: kos.kasia@wp.pl
Institution: Uniwersytet Jagielloński
Year of publication: 2018
Source: Show
Pages: 11-38
DOI Address: https://doi.org/10.15804/ppk.2018.02.01
PDF: ppk/42/ppk4201.pdf

Streszczenie:

The concept of the secondary unconstitutionality of law has been appearing over the years in the adjudication of the Polish courts, adjudication of the Constitutional Tribunal and in legal literature. During this time there have been diversified contexts, in which this notion has been used. Shortly after the Constitution from 1997 entered into force, ‘secondary unconstitutionality’ was used to describe an influence of the new constitution on a so-called pre-constitutional law. Nowadays the tendency of understanding this concept is different. On the one hand, it specifies the law, which is a result of a faulty, repeating unconstitutional regulations, activity of the legislator. On the other hand, this notion is used in the situation, when as the consequence of the entry into force a judgment of the Constitutional Tribunal the new law is also unconstitutional. The aim of this article is to propose a comprehensive definition of the concept of the secondary unconstitutionality. Moreover, it will be presented a draft of the sense of this notion for the practice of establishing and applying the law in Poland.

prawo przedkonstytucyjne stosowanie Konstytucji wtórna niekonstytucyjność Trybunał Konstytucyjny

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Author: Krzysztof Prokop
E-mail: kprokop@pwsip.edu.pl
Institution: Państwowa Wyższa Szkoła Informatyki i Przedsiębiorczości w Łomży
Year of publication: 2018
Source: Show
Pages: 39-56
DOI Address: https://doi.org/10.15804/ppk.2018.02.02
PDF: ppk/42/ppk4202.pdf

Streszczenie:

The article is devoted to the responsibility of members of the Federal Government in Belgium. The main part of the study concerns the mechanisms of political responsibility. They include individual responsibility of ministers and collective responsibility of the cabinet. According to the original version of the Belgian Constitution of 1831 ministers were responsible to the king. Currently, the House of Representatives is authorized to enforce the individual responsibility of the minister by passing a vote of no confidence. In such situation the king is obliged to dismiss the minister. The entire cabinet may be the addressee of the motion of no confidence, too (collective responsibility). Since 1993 there has been the possibility of overthrowing the government through a constructive vote of no confidence. The article also discusses the problem of legal responsibility of ministers.

wotum nieufności rząd Belgia minister parlament,

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Author: Artur Olechno
E-mail: a.olechno@uwb.edu.pl
Institution: Uniwersytet w Białymstoku
Year of publication: 2018
Source: Show
Pages: 57-68
DOI Address: https://doi.org/10.15804/ppk.2018.02.03
PDF: ppk/42/ppk4203.pdf

Streszczenie:

The article presents the formal and legal scope of responsibility of the highest state officials in Ukraine as well as political practice in this regard against the background of selected political events and political experiences of the former Prime Minister of Ukraine – Yulia Tymoshenko (and her political rivals). In addition to the traditional forms of liability: constitutional, criminal or political, the article speaks about the potential criminal liability of politicians for abuse of power or wrong political decisions.

Tymoszenko odpowiedzialność Ukraina

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