- Year of publication: 2013
- Source: Show
- Pages: 3-8
- DOI Address: -
The present paper is an analysis of the legal regulations on cultural rights in Polish Constitutional Legal system. The author claims that culture, as a unique value, has a special impact on personal development of every human being. As a consequence also cultural rights have a special importance for modern society and nation. Paper presents different meanings of culture, gives the definition of cultural rights and critically analyses constitutional provisions of article 5,6 and 73. Author also sug- gests the need for amendment of Chapter II of Polish Constitution which aim is to add provision guaranteeing the right to access to culture. The content of the article is a sum- mary of author’s Phd paper.
The right to participate in cultural life every year more often becomes a part of legal order in European countries – on state level as well as in international (EU and Council of Europe) documents. The article is a review of these regulations, it also includes an analysis of content of right to culture and poses a question – in which manner legal rights could be descended from right to culture – and in consequence – what is the scope of state duties in this matter.
The hereby paper is an attempt of an analysis of provisions of the Constitution of the Republic of Poland that regard access to cultural goods and the freedom of using cultural goods. Decoding the meaning of elements of a legal norm, which norm results from these provisions, is significant for the evaluation of the materialization of the constitutional regulation in the contents of particular acts. Deliberations on the grounds of articles 6 and 73 of the Constitution have been presented in the article. The purpose of these deliberations were: a determination of the subjects entitled to use the cultural goods and obligated to provide access to such goods; the indication of the range of goods and the extent to which access to them should be guaranteed; as well as the decoding of the scope of the constitutional term „usage”. Regardless of these analyses, a few practical aspects related to the access to cultural goods and their usage have been indicated.
The right to health contained in art. 68 paragraph 1 of the Constitution is one of the most important human rights. This provision constitutes the so-called public subjective right, which has its equivalent in the constitutional roles and obligations of public authorities, involving the proper settlement of the issues in the laws relating to the protection of health. In turn, art. 68 paragraph 2 of the Constitution reads that citizens, regardless of their financial situation, public authorities provide equal access to health care services financed from public funds. The implementation of this principle in the public health care system is based on the principle of ensuring equal access for all qualified entities to health services. The constitutional principle of equality does not promise the obligation of public authorities to provide free but only equal health care for all citizens, which must be guaranteed by public funds. The implementation of equal access to benefits is limited with imperfect regulation in the health sector, primarily due to insuf- ficient funds allocated to healthcare.
In two national censuses, made in the years 2002 and 2011, Silesians emerged as the largest minority occurring in the territory of the Polish Republic. Those researches show also that Silesians are the largest group that use its own ethnolect in domestic relations. In 2002, belonging to that minority declared 173 153 persons, and the use of Silesian ethnolect in domestic relations: 56 643 people. In 2011, the membership of this group declared more than 800 000 people, and the use of regional language more than 500 000. The problem lies in the fact that the Polish state does not recognize the existence of this minority in legal terms. This in turn results in increase of tensions between the center and periphery.Therefore the main purpose of this paper is to show efforts of the Silesian minority for a legal empowerment of the group, in particular, shows most advanced activities for the statutory recognition of the Silesian ethnolect as a regional language.
Elections in Rome in the Age of the Republic were considered just as important, and voters were as much manipulated in Rome of the time as nowadays. Manipulation was nevertheless easier, than nowadays because of the process of elections. The rule of the aristocracy against the masses, and especially the popular assembly was ensured institutionally. And as votes were cast within centurie, they could continue to make use of all means of manipulation arising from the centuria system against the masses. The campaign took one year, so albeit anybody could enter the elections (subject to meeting the above conditions), actually only those had any chance who did not make a living by working, earning wages, but had their own property. In this paper we shall survey the order of the election of consules and election campaign in the last century of the Republic. (I.) After that we analyse the role of associations (collegia) in the election campaign. (II.) Finally, we shall discuss order of procedure of criminal procedure in Cicero’s age with special regard to the criminal procedure in the cases of bribery, i.e. ambitus. (III.)
The access to public information plays very important role in democratic society. He provides access to information about very important public matters, about activities of organs of public authority, public duties. The right to access to public information has been developed in Polen as a constitutional right only to the Constitution in 1997. Until the adoption and entry into force of the Act on access to public information, the Article 61 of Constitution was basic regulation which guaranteed access to public information. The right to access to public information was and is still developed in the verdicts of administrative courts. The administrative courts played very important role in configuration limits of protection this right.
The purpose of this paper is to address the concept of a representative parliamentary mandate in Polish tradition and in contemporary Polish constitutional law. The paper touches upon the concept of the representative mandate in the Polish constitutionalism in a comprehensive and cross-cutting manner, with regard to both former constitutional rules and the current Constitution. The considerations are based on an analysis of the normative regulations and basic doctrinal approaches. Emphasis has been also placed on the historical context of a representative mandate and on conclusions flowing from comparing the two basic models of a parliamentary mandate. The author enriches his views with references to the everyday political practice, which has a significant influence on the real perception of the notion of a representative mandate.
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