- Year of publication: 2019
- Source: Show
- Pages: 491-500
- DOI Address: -
The paper aims to analyze systems of governance in modern democratic states in terms of distinguishing presidential-parliamentary system and to identify its characteristics. The considerations are to lead to a closer description of this mixed system of govern- ment and to indicate its model features. To this end, the author compared the elements that make up the government systems in Portugal and Romania, considering also the features of the parliamentary system and the system of presidential (semi-presidential) governments established in the study of constitutional law.
Due to the Constitution of 1952, the Council of State gained the status of the supreme organ of state power which was to strengthen the control of the Sejm over the govern- ment between the sessions. It operated on a collegial basis and its composition reflect- ed the political face of the Sejm. The Council of State has received a wide range of com- petences, including very significant power to issue decrees with the force of law, which meant that in certain periods it became the main legislator limiting the legislative ac- tivity of the Sejm. Thanks to decree-making activities, it had a huge impact on the shap- ing and functioning of legal system. In practice, it also took over control rights over the government. Due to the real nature of this body in the system of state organs, it can be stated that the political purpose for which the Council of State was established has been significantly expanded.
The Polish Constitution from 1921 established the bicameral model of the parliament composed of Sejm and Senate. The Article 35 para. 2 of the Constitution clearly sanc- tioned the right of the Senate to reject the whole draft of the bill adopted by the Sejm. However, neither this rule nor any other rule of the Constitution precised the conse- quences of such practice. This loophole in the constitutional rules caused controver- sies among constitutional law experts from that time and remains controversial even at present. The main aim of the article written within the constitutional-legal perspective is to present the position of the most prominent legal experts and the position of the au- thor on the analyzed issue.
Sejm committees are internal, collegiate bodies of the Sejm, the establishment of which is required by the Basic Law. The regulations in force, which set the number of standing parliamentary committees (29), allow to state that we are currently dealing with a com- plex structure. Standing committees are formed to consider and prepare cases which are the subject of the Sejm’s work, to express opinions in laws delegated to the Sejm, the Marshal of the Sejm or the Presidium of the Sejm, as well as to perform control tasks. The spheres of activity of Sejm committees are analyzed in the broader context of legis- lative, control or creative functions.
The paper addresses the interpretation of the concept of local law issued by local gov- ernment, included in the Constitution of the Republic of Poland of 2 April 1997. Local law of territorial self-government, against authorizations of other law-making organs, features a broad spectrum of possibilities, from implementing acts to legislation differ- ent than statute, which depends on a specific statutory authorization that must carry out the constitutional principle of decentralization of public power under Article 15 and the principle of transferring to the local government of a substantial part of public du- ties under Article 16.
Article presents the conclusions resulting from a qualitative analysis of speeches giv- en by the Prime Ministers of Poland: Beata Szydło (2015) and Mateusz Morawiecki (2017). The aim of the study was to reconstruct the assumptions concerning public policy, including legal policy and issues related to the state system. The application of qualitative content analysis made it possible to determine, i.a. the main autotel- ic and instrumental values of the Polish legal system, as well as to identify the most important social objectives and ways of their implementation. The analysis of the speeches shows the dilemmas and challenges currently faced by decision-makers in Poland: political and social conflicts, legislative inflation, the need to increase ef- ficiency in public governance, supporting social capital. The main instruments for achieving social goals are: adoption of legal acts (laws and regulations) and the use of economic incentives.
The political involvement of media may raise doubts, particularly when these are the cas- es of political bias. Many Polish journalists perceive this phenomenon critically and try to counteract it, creating codes of journalistic ethics. Their impact, however, is not com- mon, so they remain ineffective. This problem should be considered while analyzing the Polish constitutional provisions and laws. None of the provisions of the Polish Consti- tution of 1997 does prohibit journalists or media political commitment. Media in Po- land have but to fulfill an important function of informing the sovereign (nation) about all the activities of public authorities. To this end, the legal standards guarantee media freedom of action. Associated with the position of media power is to serve social objec- tives, which is to provide information. Legal norms do not require neutrality, nor do they impose political commitment. It should also be remembered that media are a part of the Polish political system.
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