Constitution

  • The Constitution as the Basis for Strategic Principles of a Strategic Leader in the Chaos of Conflict

    Author: Maciej Milczanowski
    E-mail: mmilczanowski@ur.edu.pl
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0002-2322-2074
    Year of publication: 2020
    Source: Show
    Pages: 593-601
    DOI Address: https://doi.org/10.15804/ppk.2020.06.48
    PDF: ppk/58/ppk5848.pdf

    The Constitution - the Basic Law is the foundation of the organization in a given country. It defines the general principles of the functioning of internal relations, the competences of its most important elements, and the fundamental rights and freedoms of a person and a citizen2. And the strategy can be perceived as the general outlines of the actions of competent leaders determining the far-reaching aim. It is characterized by a long-term strategic perspective, combining the set of with the strive for solutions that are beneficial not only for themselves, their surroundings, and supporters but also for the paradigm of the common good. Societies during, or immediately after the conflict, seek stabilization. That can be ensured by actions based on a strategy that takes into account the fundamental principles of internal relations. Combining those two paradigms, the Constitution, taking into account the rights of minorities, guaranteeing civil liberties and human rights, may be the basic factor of the strategy of the competent leader, aiming to post-conflict stabilization.

  • Constitutional Right of Citizens to Know about the Activities of Public Authorities from the Perspective of Selected Aspects of the Protection of Classified Information

    Author: Robert Zapart
    E-mail: robert.zapart@onet.poczta.pl
    Institution: University of Rzeszów
    ORCID: https://orcid.org/0000-0002-3590-1189
    Year of publication: 2020
    Source: Show
    Pages: 633-642
    DOI Address: https://doi.org/10.15804/ppk.2020.06.52
    PDF: ppk/58/ppk5852.pdf

    The implementation of the constitutional right of citizens to obtain information about the activities of state authorities, in particular, in the sphere of state security, causes many problems resulting from the application of the Act on the Protection of Classified Information. The measures adopted in the Act, promoting the rights of the community at the expense of the rights of individuals, pose a risk of its instrumental use for political purposes. The reduction of the above-mentioned risk may be supported by a minor correction of the regulations in force, as postulated by the author of the article, which includes an increase in external supervision over the marking of materials containing information intended for protection, which does not undermine the grounds for restricting the transparency of public activities, permitted by the international law and by the Constitution of the Republic of Poland, and required from the perspective of public safety. The conclusion is that it is difficult to be optimistic about this area due to the observed reluctance of the ruling elites to voluntarily abandon the tools that give them an advantage in public communication.

  • Konstytucyjna i konwencyjna proweniencja prawa do sprawiedliwego rozpatrzenia sprawy (prawa do sądu)

    Author: Piotr Krzysztof Sowiński
    E-mail: psowinski@prac.ur.edu.pl
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0003-2210-5877
    Year of publication: 2021
    Source: Show
    Pages: 189-200
    DOI Address: https://doi.org/10.15804/ppk.2021.03.12
    PDF: ppk/61/ppk6112.pdf

    Constitutive and Conventional Provenance of Law to Fair Consideration of Case (Right to a Fair Trial)

    The text is devoted to the problem of the right to a fair trial, which the Polish legislator recognizes as the one of the most important civil rights and liberties. The constitutive and conventional lineage of this right was indicated. It is noted in the text that this right can only be excercised in a state that recognizes the tripartite division of power as well as in situation in which common judiciary is based on four fundamental foundations such as jurisdiction to hear a case of a given type, impartiality, independent in legal, organisational and decision-making terms.

  • Zasada one-in, one-out jako granica ingerencji ustawodawczej w sferę wolności działalności gospodarczej

    Author: Marta Anna Gontarz-Dobrowolska
    E-mail: m.gontarz.dobrowolska@ gmail.com
    Institution: Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie
    ORCID: https://orcid.org/0000-0002-5976-0528
    Year of publication: 2021
    Source: Show
    Pages: 231-247
    DOI Address: https://doi.org/10.15804/ppk.2021.03.15
    PDF: ppk/61/ppk6115.pdf

    The One-in, One-out Principle as the Limit of Legislative Interference into the Sphere of Freedom of Economic Activity

    The article deals with the issue of the limit of legislative interference in the sphere of freedom of economic activity, defined by the one-in, one-out principle, introduced at the turn of 2010 and 2011 in Great Britain, in relation to the issue of restricting the freedom of economic activity in the light of art. 22 and art. 31 s. 3 of the Constitution of the Republic of Poland of 2 April 1997.

  • Konstytucyjny wymiar kontroli inwigilacyjnej polityki państwa na przykładzie Stanów Zjednoczonych Ameryki

    Author: Paweł Laidler
    E-mail: pawel.laidler@uj.edu.pl
    Institution: Uniwersytet Jagielloński w Krakowie
    ORCID: https://orcid.org/0000-0003-1338-3285
    Year of publication: 2021
    Source: Show
    Pages: 331-341
    DOI Address: https://doi.org/10.15804/ppk.2021.03.22
    PDF: ppk/61/ppk6122.pdf

    Constitutional Oversight of Government Surveillance in the United States

    The aim of the article is the analysis of constitutional oversightof the government surveillance in the United States. Referring to Snowden affair and COVID-19 surveillance, the Author discusses the challenges faced by the legislative and judicial branches in pursuing control over the executive’s national security policies. Focusing on the rule of secrecy and other constitutional doctrines and privileges, he tries to explain why effective control of government surveillance is today impossible.

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