constitutionalism

  • W przededniu narodzin nowoczesnej doktryny państwa prawa? Stosunek polskich liberałów do idei rządów prawa w początkach XIX wieku

    Author: Michał Gałędek
    Institution: Uniwersytet Gdański
    ORCID: https://orcid.org/0000-0002-9538-6860
    Year of publication: 2021
    Source: Show
    Pages: 15-29
    DOI Address: https://doi.org/10.15804/ppk.2021.03.01
    PDF: ppk/61/ppk6101.pdf

    On the Eve of the Birth of the Modern Doctrine of the Legal State? The Attitude of Polish Liberals to the Idea of the Rule of Law at the Beginning of the 19th Century

    The article analyzes the problem of the attitude towards the idea of the rule of law of representatives of the Polish elite at the beginning of the 19th century. The author presents the development of the idea of the rule of law in the introduction. He verifies the thesis that the ideological basis for the concept of the rule of law was the Enlightenment thought on the basis of which the liberal doctrine developed. He used it to seek an answer to the question about the characteristics of the model of government established by the Constitution of the Kingdom of Poland of 1815. The author attempted to prove that, since the Kingdom (existing until 1831) with one of the most liberal constitutions in the first half of the 19th century was in force, then this act met all the conditions required for the establishment of the rule of law according to the standards adopted in that century. These considerations conclude with remarks on the further evolution of Polish liberal thought in the 1820s. It began to differ from the liberal assumptions on which the German Rechtstaat doctrine was built. Paradoxically, Rechtstaat concept had much more in common to Polish liberalism in the earlier (proto-liberal) stage of its development in the times of the Duchy of Warsaw (1807–1815) than of the Kingdom of Poland (1815–1831).

  • Reforma konstytucyjna w Federacji Rosyjskiej w 2020 r.

    Author: Rafał Czachor
    Institution: Krakowska Akademia im. Andrzeja Frycza Modrzewskiego
    ORCID: https://orcid.org/0000-0002-5929-9719
    Year of publication: 2021
    Source: Show
    Pages: 261-276
    DOI Address: https://doi.org/10.15804/ppk.2021.03.17
    PDF: ppk/61/ppk6117.pdf

    Russia’s Constitutional Reform of 2020

    In 2020 took place the most serious constitutional reform in the Russian Federation. The amendments result in the strengthening of the President in the political system, enable V. Putin to maintain power until 2034 and introduce some other significant changes. The aim of the following paper is to present the circumstances of the reform, the contents of the amendments, and their overall summary. Particular attention was paid to the following issues: relations among main institutions of state power, the place of international law in the sources of Russia’s law and other amendments related to constitutional identity and axiology. The reform results in strengthening the position of the President, even though still within the semi-presidential model of the political system, the diminished role of the Parliament, local self-government and deprivation of the autonomy of the judiciary.

  • „Przestępstwa bez ofiar” w świetle polskiej Konstytucji oraz orzecznictwa Trybunału Konstytucyjnego

    Author: Michał Szymański
    Institution: Uniwersytet Jagielloński w Krakowie
    ORCID: https://orcid.org/0000-0003-0033-8469
    Year of publication: 2018
    Source: Show
    Pages: 332-344
    DOI Address: https://doi.org/10.15804/siip201817
    PDF: siip/17/siip1718.pdf

    Victimless crimes in the light of the Polish Constitution and the jurisprudence of Constitutional Court

    The term “victimless crimes” is one of the leading concepts of American criminology, also used by libertarian circles. It assumes that acts that do not cause harm to the other person (or are made with his consent) should be legal. This theory has also found a resonance in American constitutionalism, whereas in Polish science of constitutional law this concept is virtually unknown. The case law of the Constitutional Tribunal is also more conservative and paternalistic than libertarian. The Tribunal did not consider unconstitutional provisions to drive a car with fastened seatbelts. Possession of marijuana for own use also, in the Court’s opinion, may also be prohibited by Polish law and the justification used typical conservative arguments. The Polish Constitution also protects public morality, which is in direct contradiction to libertarianism. The author of the concept, Edwin Schur, also considered abortion as “victimless crime”. The Constitutional Tribunal has an extremely different position, recognizing the need to protect unborn life. The axiology of the Polish Constitution is closer to the same spirit of Christian democracy than to extreme liberalism.

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