- Year of publication: 2019
- Source: Show
- Pages: 271-281
- DOI Address: -
The main purpose of the article is to analyze the conception of constitution emerg ing from the ancient, early modern and modern political philosophy. On the ground of the so called constitutionalism, polis can be seen as the first holistic vision of the public sphere. It can be said that the idea of polis constitutes ethical relationship be tween the citizen and the state. The paper attempts to examine constitutional thought in a historical perspective and to penetrate the structure of the fundamental premises and theses of the modern concepts of constitution and constitutionalism, in the con text of the idea and the ethical philosophy of polis. The main thesis is that the idea of constitution (in broad sense) is derived from natural law categories, and there is an essential connection between the idea of constitution and the autonomy of citizens and their rights. In the post-enlightenment era we attach too much hope to the writ ten constitution, whereas the most important are public virtues and common values. The deliberative model of the state and the soul of politea – polis is much more import ant than written law and written constitution. It can be assumed that the authority of modern constitution (and the role of modern constitutionalism) depends on our abil ity to re-discover the values (the soul) of polis.
In this article, on the one hand the subject of consideration will be the reasons of coming into being the secondary unconstitutionality as a consequence of entry into force a judgment of the Constitutional Tribunal. In the abovementioned context, we should first take into account the principle of accusatorial procedure, which may lead to merely piecemeal elimination of unconstitutionality. In turn, it may effect coming into being more negative consequences than being into force unconstitutional provision. Secondly, it seems that the type of judgment of the Constitutional Tribunal, which is the basis for classifying the norm as secondary unconstitutional, is of considerable importance. On the other hand, possibilities of prevention the secondary unconstitutionality by the Tribunal will be analysed. The question is, whether the Tribunal is able to mitigate the consequences of the principle of accusatorial procedure, particularly whether it is able to modify the scope of the challenged provisions. Regardless of this, judiciary instruments, which enable to form the consequences of the judgment of the Constitutional Tribunal flexibly, seem to be more effective as measures to prevent secondary unconstitutionality. It is worth noting that some of this measures taken by the Tribunal are questioned in the literature.
The article is devoted to the analysis of sources of durability of cabinet in selected countries of Central and Eastern Europe. The author focused on those factors that in the trans forming states of the region cause the cabinet to remain in office and stable governance. A few interesting aspects were chosen to illustrate the problem of minority government in these countries. The main thesis is that governments in the transforming Central and Eastern Europe with the support of a parliamentary majority last longer than minority cabinets, and this is mainly influenced by the concentration of political power rather than by dispersion.
Constitutional issues constituted an important sector conducted by the Polish Socialist Party election campaign for Parliament in 1947. Socialists turned to specialists to analyze specific topics. Professor G. Langrod sent a study entitled: Remarks on the problem of government and self-government administration in Poland, in which he answers the following questions: what is the role of self-government in administration, what is the position of national councils in local government and government administration according to the legislation in force, what is the role of the administrative judiciary for the self-government, what are the conclusions for the reform? This study was over 70 years of ad acta. Its edition is needed. It is not known to the literature or judicature, although it contains many general thoughts, having a historical and comparative foundation; timeless thoughts, retaining current. Everyone who deals with constitutional law and administrative law should read it.
The proportionality principle, both in the jurisprudential practice of constitutional courts and in the literature, is considered as the basic criterion for the assessment of the state’s activities in terms of its compliance with a constitution. However, this does not change the fact that part of the doctrine for various reasons considers the test of proportionality to be an imperfect tool, thus raising critical remarks both towards the (theoretical) construction of the principle of proportionality, as well as the practice of its application being flawed.
The paper briefly reviews what is encompassed in the term ministerial responsibility in Italian and Hellenic constitutional system. In this respect, the paper seeks to define the key concept of political ministerial responsibility, and also the distinction between collective and individual ministerial responsibility in the frame of the Hellenic and Italian parliamentary system. It then presents an overview of the substantive and procedural rules on such responsibility found in the Constitution of Greece, Constitution of Italy, Hellenic Parliament’s Standing Orders, Italian Parliament’s Order. This is followed by an assessment of basic concerns related to the actual application of the institution of ministerial responsibility. In conclusion, the paper presents some normative reflections on the issue.
The following article discusses the constitutional responsibility proceedings, mainly concentrating on its legalistic or opportunistic character. The author thinks that signalled problem has got fundamental meaning, because its solution may have impact on the interpretations of the other rules. Because of that the author stars his deliberations on the theoretical analysis of the structures of legalism and opportunism. Bearing in mind the aforementioned observations, author of the article prospect for those elements in the Constitution and Tribunal of State’s main bill.
The article presents – based on the study of the U.S. case law – the issue of the legality of Ten Commandments displays on government property. Federal and state courts do not agree on the constitutionality of Decalogue displays in a public space. The given case law is characterized by incoherence, casuistry and nuance. The issuing of divergent decisions by the courts in analogous cases is primarily a consequence of the lack of consensus in the judicature regarding the understanding of the constitutional principle of the separation of church and state. The author shares the stand of these American courts, which, while assessing the consistency of Ten Commandments displays on public property with the requirement of religious neutrality of public authorities, take into account the fact that the Decalogue has not only a religious dimension but also a historical and cultural ones. Since the Ten Commandments played an important role in shaping the American legal and social order, its contemporary presentation in public space does not necessarily serve confessional or proselytic purposes, but constitutionally accepted educational goals. It is crucial in the judicial operationalization of the Establishment Clause to make a distinction between the permissible “recognition” of the religion’s significance in the lives of Americans and in the history of the Nation and the State on the one hand and the unconstitutional “advancement” of religion by the pubic authorities on the other hand.
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