constitutional court

  • The Head of State’s Constitutional Liability

    Author: Sabina Grabowska
    E-mail: chatazawsia@wp.pl
    Institution: University of Rzeszów (Poland)
    Year of publication: 2017
    Source: Show
    Pages: 153-167
    DOI Address: http://dx.doi.org/10.15804/ppsy2017110
    PDF: ppsy/46-1/ppsy2017110.pdf

    The paper aims to introduce the concept of constitutional liability of the President, and the institutions of the President’s constitutional liability. The author presents the liability and its relations with other types of head of state’s liabilities. The presented analysis includes all European countries. 

  • Rzecz o bestiach, zgromadzeniach i publicznej partycypacji. Czyli o społecznym wymiarze orzecznictwa Trybunału Konstytucyjnego w analizie na wybranych przykładach

    Author: Radosław Potorski
    Year of publication: 2016
    Source: Show
    Pages: 86-104
    DOI Address: https://doi.org/10.15804/kie.2016.03.05
    PDF: kie/113/kie11305.pdf

    Judicial control of the conformity of law to the constitution nowadays serves as one of the basic guarantees of the observance of the constitution. In majority of continental European states it is performed by a particular body a constitutional court. So the same is true in Poland, however it seems still to be one of the least understood aspects of the functioning of our political system. And especially with regard to the opportunities offered by that for non­public entities to protect their rights and to influence the public decision making process. The awareness in this respect seems to be on a very low level. That is why the aim of the author is to verify a research assumption that the Constitutional Court jurisdiction has a serious social dimension, noticeable for Polish non­public actors.

  • The Relation Between the State and the Church in the Light of the Sentences of the Italian Constitutional Court

    Author: Monika Urbaniak
    E-mail: monika.urbaniak@ump.edu.pl
    Institution: Poznań University of Medical Sciences
    ORCID: https://orcid.org/0000-0002-1361-7750
    Year of publication: 2019
    Source: Show
    Pages: 223-235
    DOI Address: https://doi.org/10.15804/ppk.2019.06.17
    PDF: ppk/52/ppk5217.pdf

    The Italian Constitutional Court spoke on numerous occasions about the provisions of the Concordat concluded between the Italian Republic and the Roman Catholic Church. Up to the 1970s, the Constitutional Court had ruled for the most part on constitutionality of solutions regarding the Catholic religion. In this period of time the Constitutional Court issued rulings that were very important for the relation between the state and the Church. The article analyzes three significant sentences issued on March 1, 1971 regarding the institution of matrimony, as well as the sentence of July 8, 1971 in which the Constitutional Court resolved the constitutionality of the law allowing church marriages to be dissolved by the Italian civil courts. These rulings are very important due to the fact that the Italian Constitutional Court has referred to them on numerous occasions in the subsequent sentences, in which it considered the issue of the contradiction between the Concordat norms and the Constitution.

  • The Position and Activity of the Constitutional Court of Hungary: 2011-201

    Author: Sebastian Kubas
    E-mail: sebastian.kubas@us.edu.pl
    Institution: University of Silesia in Katowice
    ORCID: https://orcid.org/0000-0002-7609-4002
    Year of publication: 2020
    Source: Show
    Pages: 351-364
    DOI Address: https://doi.org/10.15804/ppk.2020.05.26
    PDF: ppk/57/ppk5726.pdf

    The Constitutional Court has functioned in Hungary since 1989. Its activity shaped the frame of democratic state of law and influenced the constitutional order in Hungary. In 2011 the National Assembly passed the new Act on the Constitutional Court that replaced a previous one from 1989. The provisions of the Act and the Fundamental Law reduced the role and position of the Court as a separated body in the tripartite power division. The reduction of competences is accompanied by the diminishing of the concluded cases as well.

  • The Constitutional Court of Kosovo - Introductory Remarks

    Author: Krystian Nowak
    E-mail: nowak@ur.edu.pl
    Institution: University of Rzeszów
    ORCID: https://orcid.org/0000-0003-4853-1591
    Year of publication: 2020
    Source: Show
    Pages: 497-510
    DOI Address: https://doi.org/10.15804/ppk.2020.06.40
    PDF: ppk/58/ppk5840.pdf

    On February 17, 2008, Kosovo declared independence. Over twelve years after the adoption of the Declaration of Independence, the issue of universal, international acknowledgment of Kosovo still has not been resolved. The foundation for the establishment of the Republic of Kosovo was international society, which created the legal framework for the future statehood of Kosovo. The problem of the functioning of the constitutional judiciary was one of the key issues during the creation of the basic law of the Republic of Kosovo. This article s to analyze the constitutional position of the Constitutional Court of the Republic of Kosovo in the state system established under the Constitution of 2008. It presents the composition of the Court, its competence, and principles of organization and functioning. The solution applied in the Kosovo basic law fits into the broadly understood model of the European constitutional judiciary.

  • Rzecznik Praw Obywatelskich a organy władzy sądowniczej

    Author: Halina Zięba-Załucka
    E-mail: hzalucka@onet.eu
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0003-1646-3141
    Year of publication: 2021
    Source: Show
    Pages: 127-146
    DOI Address: https://doi.org/10.15804/ppk.2021.03.08
    PDF: ppk/61/ppk6108.pdf

    The Ombudsman and the Organs of Judicial Power

    The author shows that, in order to protect rights and freedoms, the Ombudsman, with the help of various instruments and depending on the infringements found, undertakes actions with organs of the judiciary, on which obligations concerning the protection of human rights and other subjects have been imposed. This article reviews the forms of the Ombudsman’s relations with the Supreme Court, the Supreme Administrative Court, the Constitutional Tribunal, and common courts. Their aim is to raise the level of respect for human and civil rights. In this context the thesis of the article is as follows: in view of structural, legal and organisational defects of the state, the Ombudsman notes that new threats to human and civil rights appear, freedoms or rights granted to them are often taken away in a manner inconsistent with constitutional standards, and public authorities exceed the sphere of their powers in an expcessive manner. Allegations made in complaints against public authorities are often verified by the Ombudsman in the course of inquiries with his participation. The Ombudsman keeps his distance from these bodies, which enables him to influence them in the field of human rights protection, and above all to influence the individuals subordinate to them.

Wiadomość do:

 

 

© 2017 Adam Marszałek Publishing House. All rights reserved.

Projekt i wykonanie Pollyart