courts

  • Ombudsman Institutions and the Judiciary in Sweden and Finland

    Author: Piotr Mikuli
    E-mail: p.mikuli@uj.edu.pl
    Institution: Jagiellonian University in Cracow
    Year of publication: 2017
    Source: Show
    Pages: 37-48
    DOI Address: https://doi.org/10.15804/ppk.2017.06.02
    PDF: ppk/40/ppk4002.pdf

    The short article discusses the competences of ombudsmen in Sweden and Finland in relation to the judiciary. These institutions have controlling and supervisory powers in relation to courts of law, including the determination of the accountability of judges and typical competences of a prosecutor. The Author points out the necessity to read provisions of the constitutions and acts regulating the discussed competences in the light of the principle of the judiciary’s independence. Still, the supervisory rights of ombudsmen in Sweden and Finland are very well developed and may refer to issues approaching closely the sphere of jurisdiction. When assessing the solutions presented, the Author points out the fact that the ombudsmen in both countries have worked out respective practices aimed at such use of available means of control so they cannot be accused of a reasonable and too extended interference with the judiciary sphere.

  • 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.

  • 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.

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