constitutional law

  • Political Systems Theory as a Contribution to Human Sciences

    Author: Andrzej Antoszewski
    Institution: University of Wrocław (Poland)
    Year of publication: 2014
    Source: Show
    Pages: 377–388
    DOI Address: http://dx.doi.org/10.15804/ppsy2014022
    PDF: ppsy/43/ppsy2014022.pdf

    This text is a record of a speech given during the Third Polish Conference of Chairs and Departments of Political Systems. The main subject of this paper is the need to carry out research on political systems using diverse methods and takes, both legal and “humanistic”. The paper shows how important in terms of methodology it is to compare particular legal status with reality using examples when legal analysis is not sufficient, for example, on the account of social rebellion. The text identifies challenges that researchers of political systems face due to that fact. In this context is also discusses the problems related to studying such institutions as, for example, the Ukrainian Maidan.

  • The Universalism of Political System Principles Espoused by European States

    Author: Eugeniusz Zieliński
    Year of publication: 2009
    Source: Show
    Pages: 17-40
    DOI Address: http://dx.doi.org/10.15804/ppsy2009002
    PDF: ppsy/38/ppsy2009002.pdf

    A distinctive trend developed in 19th and 20th century Europe, which saw the universalisation of principles of state political systems. This tendency expressed itself in proclaiming in the constitutions of individual states and in the practical application by European democracies of the political principles inspired by the ideas of the Enlightenment. Over a period of over two centuries, the constitutions of many countries developed with a similar catalogue of principles of government, in a similar legal form. These principles express the same ideas and political values and aim at developing an identical model of government structure based on liberal-democratic ideals. It is characteristic that during the last decade of the 20th century there was a sudden increase in this tendency and the spreading of those principles to over twenty countries.

  • The normative value of the reference to God and Christianity in the preamble to the Constitution of the Republic of Poland of 2nd April, 1997

    Author: Piotr Polak
    E-mail: p.polak@inp.pan.pl
    Institution: Institute of Law Studies of the Polish Academy of Sciences
    ORCID: https://orcid.org/0000-0001-7900-524X
    Year of publication: 2018
    Source: Show
    Pages: 425-439
    DOI Address: https://doi.org/10.15804/ppk.2018.06.32
    PDF: ppk/46/ppk4632.pdf

    In the preamble of the Constitution of the Republic of Poland (of 2nd April, 1997) legislator refers to God and culture rooted in the Christian heritage of the Nation. The question arises whether the reference to religious elements in the legal text in some way affects the process of applying the law? The answer should be yes. It is not about favoring Christian denominations, or discrimination against people who do not believe in God. The crux is to create law and decode legal principle contained therein, taking into account the Christian moral values. This is due to the centuries-long contribution that Christianity has brought to the cultural and historical heritage of Europe, creating its unique identity. The reference to God highlights the human autonomy towards state and means prohibition of state totalitarianism.

  • The Development of Electoral Institutions in Hungary from the Regime Change to the Present

    Author: Ákos Cserny
    E-mail: drcserny@gmail.hu
    Institution: University of Physical Education
    ORCID: https://orcid.org/0000-0003-4375-821X
    Year of publication: 2019
    Source: Show
    Pages: 363-380
    DOI Address: https://doi.org/10.15804/ppk.2019.05.24
    PDF: ppk/51/ppk5124.pdf

    In my paper I present the electoral transformation of the last three decades by considering the most important impulses and their effects. In doing so, I focus on a few essential elements that are considered to be decisive Hungarian and internationally in terms of both electoral science and election practice. Such are, among others, primarily the nomination system, internationalization of election, the electoral data protection or the evolution of electoral technology.

  • 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.

  • Searching for Progress: Progressivism and the U.S. Supreme Court Jurisprudence (Some Remarks)

    Author: Edyta Sokalska
    E-mail: edyta.sokalska@uwm.edu.pl
    Institution: Warmia and Mazury University in Olsztyn
    ORCID: https://orcid.org/0000-0003-0903-7726
    Year of publication: 2020
    Source: Show
    Pages: 443-462
    DOI Address: https://doi.org/10.15804/ppk.2020.05.33
    PDF: ppk/57/ppk5733.pdf

    In American legal historiography, the debate concerning the exact contours and reforms of the Progressive Era is still ongoing. In the late 19th and early 20th centuries, the American reform movements tried to match American ideals with the challenges of the times. Although progressive attitudes toward the economy, taxation, foreign policy, labor law, social standards, human rights, women’s suffrage, rapid urbanization and unrestricted immigration highlighted the necessity of reforms, such progress was seen from a variety of perspectives. We may ask the question if American legal thought that time was really progressive. The jurisprudence of the U.S. Supreme Court profoundly influenced the shape of the legal order in economic and labor law. Unfortunately, some decisions were not compatible with the visions of progressive reformers and reflected the ideological attitudes of the justices rather than an aspiration for reform.

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