Constitution

  • Water Security in Poland. Conceptualization and General Constitutional Conditions

    Author: Katarzyna Mojska
    E-mail: katarzyna.mojska@poczta.umcs.lublin.pl
    Institution: Maria Curie-Skłodowska University in Lublin
    ORCID: https://orcid.org/0000-0002-3382-7325
    Author: Wojciech Mojski
    E-mail: wojciech. mojski@poczta.umcs.lublin.pl
    Institution: Maria Curie-Skłodowska University in Lublin
    ORCID: https://orcid.org/0000-0002-4802-3346
    Year of publication: 2019
    Source: Show
    Pages: 415-431
    DOI Address: https://doi.org/10.15804/ppk.2019.06.31
    PDF: ppk/52/ppk5231.pdf

    The summer 2019 in Poland was hot and dry. A similar trend was also observed in previous years, so Poles partly got used to the view of extremely low levels of rivers. But at the beginning of June, Skierniewice – a town of 47 000 people, ran out of water. Similar situations, which are expected to happen in Poland repeatedly, undermine the social sense of security, indicating that access to water may be at risk and it cannot be taken for granted. They also trigger discussion on the state’s responsibility to secure water of adequate quality and quantity to meet social and environmental water-related needs, in other words – to provide water security. The purpose of this article is to analyze a complex issue of “water security” in Poland, through the lenses of its general constitutional conditions. The article is divided into four sections. The first section considers the concept of “water security” as a theoretical framework and increasingly significant water governance paradigm; the second one briefly outlines the most pressing water security problems in Poland; the third one is focused on the constitutional characteristics of water security as a special task norm of the Polish basic law; finally, the fourth section analyzes water security as the constitutional right of an individual.

  • The Duty to Care for the State of the Environment in Polish Constitutional Regulations

    Author: Anna Hadała-Skóra
    Institution: University of Rzeszow
    ORCID: https://orcid.org/0000-0002-6432-5651
    Author: Sabina Grabowska
    Institution: University of Rzeszow
    ORCID: https://orcid.org/0000-0003-0530-708X
    Year of publication: 2019
    Source: Show
    Pages: 103-121
    DOI Address: https://doi.org/10.15804/rop201907
    PDF: rop/2019/rop201907.pdf

    According to the Polish constitutional tradition, regulations concerning the duties of man and citizen can be found in chapter II of the Constitution of the Republic of Poland devoted to the rights and freedoms of the Polish Constitution, specifically in Articles 82-86 inclusive. The Constitution devotes relatively little space to its duties, and the catalog indicated therein is not extensive. The purpose of articulating obligations in the Constitution of the Republic of Poland is primarily to emphasize the most important ones from the point of view of the state, society and individual. In each country, some constitutional obligations are addressed only to citizens, while others are imposed on all who are subject to the authority of a given country. The Constitution of the Republic of Poland also does so. Indicated in art. 86 the obligation to care for the state of the environment and responsibility for its deterioration is in the group of universal obligations in terms of subject, which are imposed on every person who is within the jurisdiction of the Republic of Poland. This study is an analysis of the concept of environment, care for the state of the environment and the provisions of the constitution on this subject.

  • Parlament a parlamentarismus v budování a proměnách československé státnosti

    Author: Ondřej Felcman
    E-mail: ondrej.felcman@uhk.cz
    Institution: Univerzita Hradec Králové, Filozofická fakulta
    ORCID: https://orcid.org/0000-0003-2706-201X
    Author: Tomáš Hradecký
    E-mail: tomas.hradecky@uhk.cz
    Institution: Univerzita Hradec Králové, Filozofická fakulta
    ORCID: https://orcid.org/0000-0002-4488-2266
    Year of publication: 2019
    Source: Show
    Pages: 32-71
    DOI Address: https://doi.org/10.15804/hso190403
    PDF: hso/23/hso2303.pdf

    The study focuses on the importance of the Parliament’s involvement in construction of the Czechoslovak state. With the exception of the German occupation, as the legislature of the Czechoslovak Republic, the National Assembly played an important role in affecting its republican and democratic character. The article discusses two of the most important stages of the formation of the Czechoslovak statehood. First is the Interwar period when the Czechoslovak statehood demonstrated features typical of parliamentary democracy with assumed parliamentary power, followed by the 1960s when the common state of the Czechs and Slovaks developed on a federal level.

  • Władza sądownicza w warunkach kryzysu demokracji konstytucyjnej

    Author: Tomasz Słomka
    E-mail: tomasz.slomka@uw.edu.pl
    Institution: Uniwersytet Warszawski
    ORCID: https://orcid.org/0000-0002-9226-5828
    Year of publication: 2020
    Source: Show
    Pages: 217-232
    DOI Address: https://doi.org/10.15804/ppk.2020.04.11
    PDF: ppk/56/ppk5611.pdf

    Judicial Power in a Crisis of Constitutional Democracy

    The article is devoted to the problems of changing the position of the judiciary in Poland in the conditions of crisis of constitutional democracy. Two basic research hypotheses are verified. First of all, after 2015, Poland was one of the countries revising its liberal-democratic political foundations. Such foundations undoubtedly include: the rule of law, the principle of constitutionalism and the principle of division and balance of power. Secondly, the political position of the judiciary has been defined in the liberal-democratic Constitution of the Republic of Poland in a way appropriate for the protection of the above mentioned values, but the political practice shows that the lack of proper will to implement the constitutional provisions (using the arithmetic advantage in parliament without the recognition of minority rights) may violate the „backbone” of constitutional democracy.

  • Druga poprawka do konstytucji USA. Rys historyczny, cele i założenia

    Author: Piotr Czeczot
    E-mail: piotr.czeczot@o2.pl
    Institution: Uniwersytet w Białymstoku
    ORCID: https://orcid.org/0000-0003-0137-8526
    Year of publication: 2020
    Source: Show
    Pages: 443-459
    DOI Address: https://doi.org/10.15804/ppk.2020.04.24
    PDF: ppk/56/ppk5624.pdf

    Second Amendment to the American Constitution. Genesis, Targets and Objectives

    The author will try to trace the genesis of the Second Amendment in the context of the American constitution process and the influence of other legal acts on the final content of the provision in question. What’s more the author will analyze the ideas that accompanied the Founding Fathers and which led to the creation of the United States Constitution. The author will analyze the objectives of the Second Amendment and the ideological assumptions that underpin it, including the issue of enabling citizens personal defense and the protection of private property, as well as the issue of guaranteeing citizens an effective tool to resist the state apparatus as a guarantee of citizens’ freedom as well as to prevent possible tyranny. Finally, the author will refer to the issue of culture of gun ownership in the USA and Poland.

  • Roman Rybarski o ustroju politycznym w latach 1918-1926

    Author: Jan Waskan
    Institution: Uniwersytet Kazimierza Wielkiego w Bydgoszczy
    ORCID: https://orcid.org/0000-0002-9321-9196
    Year of publication: 2019
    Source: Show
    Pages: 76-88
    DOI Address: https://doi.org/10.15804/cip201906
    PDF: cip/17/cip1706.pdf

    Roman Franciszek Rybarski (1887-1942) należał do wybitnych teoretyków i działaczy Narodowej Demokracji. Pozostawił szereg prac z zakresu ekonomii, prawa i polityki. Wśród tych ostatnich szczególne miejsce zajmują Naród, jednostka i klasa oraz Siła i prawo. Był prezesem Klubu Narodowego w Sejmie w latach 1928-1935 oraz przywódcą frakcji liberalnej zwanej grupą „starych” lub „profesorską” w Stronnictwie Narodowym. W artykule przedstawiono jego poglądy dotyczące problematyki ustrojowej. W pierwszym okresie istnienia niepodległej Rzeczypospolitej do 1922 r. Rybarski zdecydowanie opowiada się za ustrojem demokracji parlamentarnej i ideą państwa narodowego. Wybory 1922 r. i porażka w Zgromadzeniu Narodowym przy wyborze prezydenta Gabriela Narutowicza oraz tragiczne skutki jego śmierci powodują, że Rybarski, jak i inni działacze endeccy, dostrzegają że do niedawna tak bliski im parlamentaryzm staje się zgubny dla Polski. Rozpoczyna się jego krytyka, Rybarski podkreślał, że konstytucja doprowadza do krańcowości i absurdu zasadę rządów parlamentarnych. Niezadowolenie przeniosło się na wszystkie klasy i warstwy. Domagano się zmian, które stawały się koniecznością chwili.

  • Significance of the Constitutional Public Interest Clause for the Process of Amending the Constitution of Republic of Poland

    Author: Andrzej Bisztyga
    E-mail: a.bisztyga@wpa.uz.zgora.pl
    Institution: University of Zielona Góra
    ORCID: https://orcid.org/0000-0002-6579-9656
    Year of publication: 2020
    Source: Show
    Pages: 49-60
    DOI Address: https://doi.org/10.15804/ppk.2020.05.03
    PDF: ppk/57/ppk5703.pdf

    The purpose of the article is to conduct an axiological reflection using the notion of public interest, on preparation and the procedure for amending the constitution. The article provides a theoretical attempt to capture and place public interest in the broadly socially and publicly understood process of constitutional change. This attempt is not dictated solely by the desire to conduct theoretical – legal and intellectual speculation. This is supported by the increasing voices of the need to amend the existing constitution, which are often superficial, populist and de facto formulated from the position of the supremacy of the state over the individual. The time-varying connotations of the general public interest clause are related to the axiology of selected constitutional principles. The public interest, understood at a given moment in the development of social life, should be a determinant of the process broadly, i.e. both the social and the legislative sense of the constitutional amendment. Similarly, the very direction of constitutional changes should be an expression of social interest.

  • References to Natural Law in the Constitutions of Modern States

    Author: Grzegorz Maroń
    E-mail: gmaron@ur.edu.pl
    Institution: University of Rzeszow
    ORCID: https://orcid.org/0000-0002-3861-9103
    Year of publication: 2020
    Source: Show
    Pages: 269-282
    DOI Address: https://doi.org/10.15804/ppk.2020.05.20
    PDF: ppk/57/ppk5720.pdf

    The article is a comparative study of constitutional references to natural law, with a particular emphasis on the Constitution of the Republic of Poland. The findings presented in the study are both of qualitative and quantitative nature. References to natural law, recognized in the constitutions of 48 countries in the world, relate almost exclusively to fundamental human rights and freedoms. Usually, the constitution-maker assigns the title “natural” or “inherent” to all fundamental rights of person or to some of them. In none of the Basic Laws, natural law has been included into formal sources of law, nor its hierarchical relation to positive law shown. No constitution specifies a definite concept of natural law. The authors of the constitutions, speaking generally about natural rights, have not wanted to engage in philosophical and legal disputes accompanying the category of ius naturale.

  • Do the Origins of the Constitution Can Be Sought in Roman Law? - A Few Comments on the Side Note of the Cicero’s and Polybius’ Selected Sorks

    Author: Renata Świrgoń-Skok
    E-mail: rskok@ur.edu.pl
    Institution: University of Rzeszow
    ORCID: https://orcid.org/0000-0003-2635-6462
    Year of publication: 2020
    Source: Show
    Pages: 283-293
    DOI Address: https://doi.org/10.15804/ppk.2020.05.21
    PDF: ppk/57/ppk5721.pdf

    In the presented article, I try to answer the question whether in the Roman state there is a possibility to find the roots of the constitution. In Roman state the constitution as a separate normative act did not exist, the separate jurisdiction of public law was not created, and a constitutional law was primarily based on the custom and political practice. However, in the preserved source material, among others, Cicero’s and Polybius’ statements can be found, which refer to the political issues. On the basis of their analyses, I try to prove that the ideas of constitutionalism and constitution, of course in a substantive sense, date back to the ancient Rome.

  • Right to Petition - Theoretical Analysis

    Author: Sabina Grabowska
    E-mail: s.grabowska@ur.edu.pl
    Institution: University of Rzeszow
    ORCID: https://orcid.org/0000-0003-0530-708X
    Year of publication: 2020
    Source: Show
    Pages: 339-349
    DOI Address: https://doi.org/10.15804/ppk.2020.05.25
    PDF: ppk/57/ppk5725.pdf

    The subject of the article is a petition, or rather the right to submit it, understanding the concept of petition, as well as the nature of the petition and its relationship with the concepts of a complaint and a proposal in the context of Art. 63 of the Constitution of the Republic of Poland of 1997. The notion of the right to petition in both narrow and broad terms has been analyzed. The position of the doctrine on this issue was presented.

  • Dziecko ma swoje prawa

    Author: Angelika Lenart
    E-mail: angelikalenart@vp.pl
    Institution: Katolicki Uniwersytet Lubelski Jana Pawła II
    ORCID: https://orcid.org/0000-0002-4106-1518
    Year of publication: 2020
    Source: Show
    Pages: 196-206
    DOI Address: https://doi.org/10.15804/ksm20202013
    PDF: ksm/26/ksm2613.pdf

    One of the most important rights for every child is the right to family upbringing and physical and mental integrity. The basis for proper functioning in adult life are proper growth conditions enabling the youngest children to undergo intellectual and emotional development. The educational environment influences the later quality of life of a young person, which shapes the potential serving the whole society. The most important and most important legal act in Poland is the Constitution of the Republic of Poland 2nd of April 1997 together with ratified international agreements, laws and regulations, ensures the protection of children’s rights.

  • Joining the Economic and Monetary Union and Amending the Constitution of the Republic of Poland

    Author: Szymon Pawłowski
    Institution: University of Cardinal Stefan Wyszyński
    Year of publication: 2020
    Source: Show
    Pages: 36-47
    DOI Address: https://doi.org/10.15804/athena.2020.67.03
    PDF: apsp/67/apsp6703.pdf

    The purpose of the article is to present a proposal to amend the Basic Law and to indicate its close connection with the nature of the political (system) decision. The amendment to the Basic Law may be extended or limited. Possible legal constructions were carried out in the article. This would determine the conditions of Poland’s participation in the euro area, which are acceptable from the Polish constitution’s point of view.

  • Проблемы становления и развития государственности Республики Каракалпакстан

    Author: Александр Веретильнык
    E-mail: oleksandr.veretilnyk@phd.usz.edu.pl
    Institution: Uniwersytet Szczeciński
    ORCID: https://orcid.org/0000-0001-5286-4466
    Year of publication: 2020
    Source: Show
    Pages: 114-132
    DOI Address: https://doi.org/10.15804/npw20202607
    PDF: npw/26/npw2607.pdf

    Problems of Formation and Development of Statehood of the Republic of Karakalpakstan

    This article is a study of the statehood of the Republic of Karakalpakstan, its integration with Uzbekistan and the problems faced by the Karakalpak national movements. The study can be considered relevant and innovative, since the problems of Karakalpakstan are insufficiently studied in the Polish and European scientific community. The development of relations with the countries of Central Asia, which have large reserves of natural resources, including oil and gas, is one of the priorities of the foreign policy of the European Union. Therefore, the study of regional problems and prediction of possible military-political conflicts in this region of the world, and how to respond to them, is of particular relevance to the political sciences.

  • Proposal to Repeal the Fixed-Term Parliaments Act 2011 in the UK Constitutional System

    Author: Krzysztof Urbaniak
    E-mail: krzysztof_urbaniak@wp.pl
    Institution: Adam Mickiewicz University, Poznań
    ORCID: https://orcid.org/0000-0002-0735-8924
    Year of publication: 2020
    Source: Show
    Pages: 99-111
    DOI Address: https://doi.org/10.15804/ppk.2020.06.07
    PDF: ppk/58/ppk5807.pdf

    The Fixed-term Parliaments Act, which entered into force in 2011, introduced completely new regulations on the dissolution of Parliament and the duration of its mandate. It repealed the royal prerogative under which the queen, on the advice of the Prime Minister, had the power to dissolve Parliament at any time, which would ultimately lead to parliamentary elections. Despite the introduction of a fixed parliamentary term, constitutional practice, in particular the precedents of 2017 and 2019, have shown that the fundamental objectives of the new act, i.e. to ensure the stability of governments and to prevent the Prime Minister’s manipulation of the election date for political gain, can be easily undermined. This article attempts to analyze and evaluate the functioning to date of the Fixed-term Parliaments Act 2011 in the UK constitutional system and to examine the possible implications of repealing the Act for the functioning of the UK Constitution.

  • The Specificity of the Constitutionalization Process of Systemic Changes in Poland During the Period of Transformations

    Author: Bożena Dziemidok-Olszewska
    E-mail: bozena.dziemidok-olszewska@poczta.umcs.lublin.pl
    Institution: Maria Curie-Skłodowska University in Lublin
    ORCID: https://orcid.org/0000-0003-2944-5073
    Year of publication: 2020
    Source: Show
    Pages: 115-126
    DOI Address: https://doi.org/10.15804/ppk.2020.06.08
    PDF: ppk/58/ppk5808.pdf

    The aim of the article is to indicate the prevalent features of the Polish process of constitutional and systemic changes in Poland in 1989-1997. It was assumed that the Polish process of constitutionalization was characterized by a number of specific features which were interrelated and dependent on each another. The aim of the paper is to recognize the phased character of the changes as the first feature of the political transformation process in Poland, whereas compromise should be regarded as its basic attribute. Other specific features (presented in the subsequent parts of the article) include: evolutionary, temporary, and pragmatic nature of the process.

  • Polish Constitutional Order: Between Consolidation and Crisis

    Author: Tomasz Słomka
    E-mail: tomasz.slomka@uw.edu.pl
    Institution: University of Warsaw
    ORCID: https://orcid.org/0000-0002-9226-5828
    Year of publication: 2020
    Source: Show
    Pages: 167-182
    DOI Address: https://doi.org/10.15804/ppk.2020.06.13
    PDF: ppk/58/ppk5813.pdf

    The article concerns the dilemmas of building Polish constitutional identity after 1989. The hypothesis assumes that after the initial twenty years of consolidation and Europeanization of constitutional democracy, there was an attempt at undermining the adopted political order. The policy of the ruling camp after 2015 is a striking proof of this crisis.

  • The Constitutional Principle of Social Justice and Its Impact on the Understanding of Equity in Civil Law

    Author: Adam Doliwa
    E-mail: adoliwa@uwb.edu.pl
    Institution: University of Białystok
    ORCID: https://orcid.org/0000-0002-0752-7708
    Year of publication: 2020
    Source: Show
    Pages: 367-378
    DOI Address: https://doi.org/10.15804/ppk.2020.06.30
    PDF: ppk/58/ppk5830.pdf

    The subject of the article is an analysis of the impact of the constitutional principle of social justice on the understanding of the principle of equity in civil law and, consequently, on the practical application of regulations that contain the general clause governing the principles of social coexistence. Assuming a universal nature of the axiological basis of the legal system in Poland, and the radiation of constitutional principles and values onto statutory law, the author, using a method involving analytical and functional analysis of legal texts and court rulings, comes to the conclusion that adjudication in civil cases should, to some extent, in addition to protection of individual rights and interests, concern the protection of social interests.

  • Chosen Dysfunctions of Political Practice in Local Government’s Activities

    Author: Marcin Dąbrowski
    E-mail: marcin.dabrowski@uwm.edu.pl
    Institution: University of Warmia and Mazury in Olsztyn
    ORCID: https://orcid.org/0000-0001-8780-9715
    Year of publication: 2020
    Source: Show
    Pages: 405-416
    DOI Address: https://doi.org/10.15804/ppk.2020.06.33
    PDF: ppk/58/ppk5833.pdf

    The paper presents four problems which constitute the most important problems related to the functioning of local government in Poland. The first issue concerns the unfinished reform of the political system. The author finds that the legislator did not implement fully the assumptions concerning the creation and functioning of local governments which are determined in the provisions of the Polish Constitution of 1997. In consequence, a contemporary political system is full of internal contradictions and does not function properly. Next, it was indicated in the work that the legislator interferes too much in the independence of local government units. Too many acts, which regulate duties and procedures, limit the autonomy of local government bodies which should determine their duties and objectives and allocate financial resources to their implementation. Third, the author finds that the permanent underfinancing of local government units poses a very serious problem. The system of financing is outdated and does not correspond to contemporary needs of local communities, which results in a decrease in investments and development and an increase in debt. Finally, the article discusses the issue of excessive politicization of local governments. The author finds that transferring political disputes from the central level to the local one is very detrimental and has a negative influence on the development and functioning of local governments.

  • State Security and Hybrid Warfare. An Interdisciplinary Approach

    Author: Leszek Elak
    E-mail: l.elak@akademia.mil.pl
    Institution: War Studies University in Warsaw
    ORCID: https://orcid.org/0000-0002-5255-9768
    Author: Paweł Zając
    E-mail: p.zajac@akademia.mil.pl
    Institution: War Studies University in Warsaw
    ORCID: https://orcid.org/0000-0002-2188-5720
    Year of publication: 2020
    Source: Show
    Pages: 429-448
    DOI Address: https://doi.org/10.15804/ppk.2020.06.35
    PDF: ppk/58/ppk5835.pdf

    The article concerns the issues of state security both in legal terms and from the perspective of security science. In the first part, it presents a proposal for understanding the concept of state security based on the Polish Constitution. The article is also a contribution to the discussion on the correctness of terminology relating to the analyzed issue. The second part concerns the analysis of a new military phenomenon which is a hybrid war. The purpose of the considerations is to show its impact on state security.

  • Constitutional Regulations of the Official Language in the European Union Countries

    Author: Mariusz Bidziński
    E-mail: mariusz@bidzinski.pl
    Institution: SWPS University of Social Sciences and Humanities in Warsaw
    ORCID: https://orcid.org/0000-0002-3646-8997
    Year of publication: 2020
    Source: Show
    Pages: 489-496
    DOI Address: https://doi.org/10.15804/ppk.2020.06.39
    PDF: ppk/58/ppk5839.pdf

    The regulations concerning the definition of the official language at the constitutional level have not been unified in the constitutions of European Union countries. The importance of a language, the level of its protection, and care for the language are immanently connected with the cultural awareness of a given nation, its historical conditions, national aspirations, and other factors allowing to distinguish it from other subjects. The number of languages used in individual regions of the EU depends on social migrations, the uniformity of nationalities, historical conditions, as well as the level and directions of patriotic aspirations in a given society. Therefore, the attempts to impose on the members of the EU the adoption of the unified solutions, which de facto imply - in the case of most of them - the need to amend the constitution, is a demand that now seems completely unfeasible.

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