aktywizm sędziowski

  • The Principle of Judicial Discretion and the Death Penalty in Singapore-Constitutional Approach

    Author: Anna Michalak
    E-mail: aniamich@wp.pl
    Institution: University of Lodz
    Year of publication: 2017
    Source: Show
    Pages: 101-114
    DOI Address: https://doi.org/10.15804/ppk.2017.06.06
    PDF: ppk/40/ppk4006.pdf

    Any discussion of human rights in post-colonial countries of Asia conducted from the perspective of Western civilization faces many obstacles, particularly related to existing differences, or even cultural barriers and different traditions. Postcolonial states, despite the remaining remnants of the colonial era-visible in their legal systems, that still contain normative acts adopted before obtaining sovereignty – very firmly resist to the adoption of the universal catalog of human rights set out in the UN Covenants, as well as the use of standards in their observance that are compatible with those made within the United Nations. Both – the so-called ideology of Asian values, as well as the concept of the ASEAN community is not conducive to the creation of international binding legal framework and does not allow (or even leading in the future) to create a universal system of human rights protection. On the contrary – it leads to the deepening ideological differences or even philosophical, in the further development of democracy among Western countries and Asia. From the perspective of European constitutional law, it may be interesting to see the arguments of post-colonial Asia judges on the issue of the division of power in the context of judicial activism and the protection of constitutional values. The purpose of this publication is to present the views of Singapore’s judiciary in connection with the reforms introduced in 2013 that abolish the mandatory death penalty for certain crimes together with the possibility of replacing it by a court decision with life imprisonment and flogging.

  • Znaczenie doktryny stare decisis dla sądowej kontroli konstytucyjności prawa USA – między stabilnością orzecznictwa a instrumentalizmem

    Author: Diana Pustuła
    E-mail: diana.pustula@doctoral.uj.edu.pl
    Institution: Uniwersytet Jagielloński
    ORCID: https://orcid.org/0000-0001-6627-4520
    Year of publication: 2019
    Source: Show
    Pages: 79-91
    DOI Address: https://doi.org/10.15804/ppk.2019.03.04
    PDF: ppk/49/ppk4904.pdf

    All American courts have a right to examine the conformity of legal acts with the Constitution as the basis for issuing a decision, creating a diffused system of judicial review. Court precedents and the stare decisis doctrine become the stabilizing factor of jurisprudence. However, it is not easy to make an unequivocal assessment of the role of the stare decisis doctrine for judicial review due to a number of factors that affect its significance. They include the formal lack of absolute nature of the court decisions, or the fact that the Federal US Supreme Court is not bound by its own rulings. The latter fact seems particularly important in the assessment of the subject matter in the context of considerable judicial activism and the way the judges are nominated and approved for, in principle, lifetime positions. In this publication, all the above-mentioned factors have been analyzed in order to assess the significance of the stare decisis doctrine for judicial review in the US as accurately as possible.

  • Judicial Activism in Poland - Remarks against the Background of a Resolution of the Formation of the Combined Civil Chamber, Criminal Chamber and Labor Law and Social Security Chamber of the Supreme Court of 23 January 2020 (BSA I-4110-1/20)

    Author: Aleksandra Szydzik
    E-mail: aleksandra.szydzik@ug.edu.pl
    Institution: University of Gdańsk
    ORCID: https://orcid.org/0000-0003-3744-859X
    Year of publication: 2020
    Source: Show
    Pages: 177-189
    DOI Address: https://doi.org/10.15804/ppk.2020.05.13
    PDF: ppk/57/ppk5713.pdf

    The paper aims at analyzing the phenomenon of judicial activism in Poland against the background of a resolution of the formation of the combined Civil Chamber, Criminal Chamber and Labor Law and Social Security Chamber of the Supreme Court of 23 January 2020 (BSA I-4110-1/20). The author discusses the Supreme Court’s powers to resolve divergences in the interpretation of law and then provides an analysis of the nature of the resolution of the Supreme Court. The considerations made in the context of the paper lead to the conclusion that in situations of a threat to the rule of law the courts not only have a right but also an obligation to take active measures to protect the common good.

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