independence

  • The Political Myth of Margaret Thatcher in Scotland

    Author: Tomasz Czapiewski
    E-mail: tomekczapiewski@gmail.com
    Institution: University of Szczecin (Poland)
    Year of publication: 2016
    Source: Show
    Pages: 85-98
    DOI Address: http://dx.doi.org/10.15804/ppsy2016007
    PDF: ppsy/45/ppsy2016007.pdf

    The article describes and explains the phenomenon of the political myth of Margaret Thatcher – her anti–Scottish attitude and policies and its impact on the process of decomposition of the United Kingdom. The author indicates that the view of Margaret Thatcher’s dominance in Scotland is simplified, stripped of complexity, ignoring significant information conflicting with the thesis, but that also plays an important role in current politics, legitimizing secessionist demands and strengthening the identity of the Scottish community. In the contemporary Scottish debate with its unequivocal defence policy of Thatcher is outside of the discourse, proving its sanctity status. Thatcher could see this special Scottish dimension within the United Kingdom, but treated it rather as a delay in the reforms needed in the country. There are many counterarguments to the validity of the Thatcher myth. Firstly, many negative processes that took place in the 80s were not initiated by Thatcher, only accelerated. Secondly, the Tory decline in popularity in the north began before the leadership of Thatcher and has lasted long after her dismissal. The Conservative Party was permanently seen in Scotland as openly English. Thirdly, there is a lot of accuracy in the opinion that the real division is not between Scotland and England, only between southern England and the rest of the country. Widespread opinion that Thatcher was hostile to Scotland is to a large extent untruthful. She has never retreated radically from any of the Scottish privileges, such as the Barnett formula or the Scottish Development Agency. 

  • SCOTL AND AT THE CROSSROADS: FROM BREXIT TO NEVERRENDUM

    Author: Tomasz Czapiewski
    E-mail: tomasz.czapiewski@usz.edu.pl
    Institution: University of Szczecin
    Year of publication: 2016
    Source: Show
    Pages: 11-25
    DOI Address: https://doi.org/10.15804/rop201601
    PDF: rop/2016/rop201601.pdf

    This article aims to describe the possible variants of the course of events after Brexit, from a Scottish perspective. Three dimensions are taken into the account: future model of UK–EU relations, symmetry of Brexit inside the UK and possibility of the second independence referendum in the near future (less than five years). These dimension have allowed to distinguish three main variants of further development, that are in short named by the author as: passive variant, Scottish exception and another referendum. It seems at this point that the Scottish Government is bound to carry out the second referendum, especially if the British government chooses a variant of the so-called hard Brexit. The European argument, which is so often used by Sturgeon in political debate does not necessarily lead to an increase in support for the independence, especially when eventual membership in the European Union of an independent Scotland is burdened with so many question marks.

  • 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 Legality of the Catalan Independence Referendums

    Author: Michał Zbigniew Dankowski
    E-mail: m.dankowski@vp.pl
    Institution: University of Gdańsk
    Year of publication: 2017
    Source: Show
    Pages: 87-99
    DOI Address: https://doi.org/10.15804/ppk.2017.06.05
    PDF: ppk/40/ppk4005.pdf

    During the last decade the separatist activities of the Catalan nationalists have intensified. Despite the enactment of the Statute of Autonomy in 2006, extending the existing autonomy of the Autonomous Community, Catalonia’s governing political parties strived for total independence. In view of the consistent attitude of the central government in Madrid refusing any concessions on the extension of autonomy or independence, the Autonomous Government of Catalonia (Generalitat) appealed to the institutions of direct democracy, calling twice for a Catalan referendum on independence. In both cases, the Spanish Constitutional Court declared the referendum unlawful. In spite of this, Catalonia declared independence after the referendum of October 1st, 2017, although the effects of the declaration were also suspended – a situation so far unknown to law.

  • Statehood Without the State: The Politico-Legal Visions of the Future State of Tibet

    Author: Marcin Lisiecki
    Institution: Nicolaus Copernicus University in Toruń
    Year of publication: 2018
    Source: Show
    Pages: 31-46
    DOI Address: https://doi.org/10.15804/athena.2018.59.03
    PDF: apsp/59/apsp5903.pdf

    The main purpose of this article is to analyze the situation of modern Tibet, which political and legal structures are divided into the Central Tibetan Administration in India and the Tibet Autonomous Region in China. What connects them is a developing national identity of the Tibetans and the actions taken by the Central Tibetan Administration to create a new and independent state. Of great importance for the specificity of politics and the shaping of Tibetan national identity are also activities of the 14th Dalai Lama, who internationally promotes Tibetan culture and informs about the situation of Tibetans living in the Tibet Autonomous Region in China.
    Dalai Lama is also the author of the draft constitution of the future state of Tibet, which content is a basis of the analysis in this article. Due to the comprehensive presentation and explanation of the specifics of this project, we will analyze not only particular articles, but also the introduction that we can consider as preamble. Thanks to this, it will be possible to show the relationship between political, legal and religious issues that make up the visions of the new state of Tibet.
    This article is divided into two related parts. The first one is connected with national identity and independence of Tibet. The second part is focused on democratization of Tibet and relation between religion and politics.

  • Evolution of supervision over the activities of local self-government in Poland

    Author: Karol Piękoś
    E-mail: karol.piekos@yahoo.pl
    Institution: Department of Political Systems of the Institute of Political Sciences of the University of Rzeszów
    ORCID: https://orcid.org/0000-0003-4545-5909
    Year of publication: 2018
    Source: Show
    Pages: 239-246
    DOI Address: https://doi.org/10.15804/ppk.2018.06.20
    PDF: ppk/46/ppk4620.pdf

    The legal order of contemporary democratic states consists of a supervisory institution which cannot be used for political purposes or used in a discretionary manner. Poland, returning to the maps of Europe in 1918, was a country in which territorial self-government functioned, differing in many aspects from the model we encounter today. The differences concerned, among others supervision, which also played an important role in the activities of local government units in the Second Republic of Poland. The purpose of this article will be to show the evolution of supervision over territorial self-government in Poland.

  • The Securitisation of Kurdish Self-Determination as A Challenge for the Sectarian Balance of Power in the Middle East

    Author: Marek Musioł
    E-mail: marek.musiol@uwr.edu.pl
    Institution: University of Wrocław (Poland)
    Year of publication: 2019
    Source: Show
    Pages: 115-134
    DOI Address: https://doi.org/10.15804/ppsy2019107
    PDF: ppsy/48-1/ppsy2019107.pdf

    The article addresses current questions concerning the Kurdish situation before and after the invasion and expansion of ISIS. It applied the theory of securitisation to study the tangled circumstances and frameworks of Kurdish claims, underlining their attempts at gaining their much-desired independence. This elaboration enables one to recognise the genesis and the local, regional and global context of international actions vis-à-vis Kurdish interests, and the possible supporters and opponents of the Kurdish project of statehood in the Middle East. It portrays also the current perception of Kurdish efforts to establish their own national and legal subjectivity that must be recognised by the majority of state actors in order to meet the indispensable criteria of international law.
    This article is particularly important in the context of recent developments in the Middle East. First of all, it refers to pressures, as well as openly offensive actions targeting the interests and territories controlled by the Kurds in Turkey during the existence of the so-called Islamic State. Secondly, it reflects on actors’ reactions in the international arena, including the countries of the Middle East, towards the independence referendum in Iraqi Kurdistan, as well as on direct actions aimed at shaping a new geopolitical order after the fall of ISIS (attack by Iraqi troops in Kirkuk or the Turkish army in Afrin).

  • Perspectives for Kosovo’s Accession to the EU

    Author: Aleksandra Raba-Schulze
    Institution: University of Szczecin
    ORCID: https://orcid.org/0000-0003-4847-6131
    Year of publication: 2018
    Source: Show
    Pages: 98-111
    DOI Address: https://doi.org/10.15804/rop201807
    PDF: rop/2018/rop201807.pdf

    Kosovo, the smallest country in Europe, over 10 years after declaring its independence, still remains outside of the European Union. As one of the countries of former Yugoslavia, it benefitted from the process of European integration, yet compared to neighbouring Western Balkan countries it is at an early stage of stabilisation and association process. The paper points to the main problems that Kosovo is facing, both at the internal and external level, in the face of the accession process and future membership in the European Union.

  • De(materializacja) pracy i „wolność” zawodu projektanta

    Author: Paulina Rojek-Adamek
    Year of publication: 2017
    Source: Show
    Pages: 234-243
    DOI Address: https://doi.org/10.15804/kie.2017.01.15
    PDF: kie/115/kie11515.pdf

    The main object of the article is an attempt to answer the question about the limits of freedom and independence of professional designers. It seems to be important, especially now, when we can observe how creative industries provide to innovative development of society and to competitive advantage. Is it possible to have autonomy being a designer? Referring to B. Bourdieu’s field theory and idea of socially responsible design (Papanek, 2012) it will be shown the context of this profession as a balance of power between the individual actors (designers, client, users, society) in the field of design. Object of the present text is description of the designer’s profession in relation to the subjectively perceived degree of professional independence. The example used to analyze this issue are interviews conducted among British designers from Helen Hamlyn Centre for Design.

  • Polacy w Rosji wobec Aktu 5 listopada 1916 r.

    Author: Mariusz Korzeniowski
    Institution: Uniwersytet Marie Curie-Skłodowskiej
    Year of publication: 2017
    Source: Show
    Pages: 70-84
    DOI Address: https://doi.org/10.15804/hso170205
    PDF: hso/13/hso1305.pdf

    This publication is dedicated to the response of Poles living in Russia during WWI to the Act of 5th November declared by Germany and Austria-Hungary. An analysis has been carried out on articles written by journalists and primarily democratic as well as national-democratic politicians in selected Polish newspapers published in Russia during WWI.

  • Czesi i Słowacy na drodze do niepodległego państwa (1914-1918)

    Author: Jan Rychlík
    E-mail: rychlik@email.cz
    Institution: Filozofická fakulta Univerzita Karlova
    ORCID: https://orcid.org/0000-0002-0636-1005
    Year of publication: 2019
    Source: Show
    Pages: 90-114
    DOI Address: https://doi.org/10.15804/hso190405
    PDF: hso/23/hso2305.pdf

    The following article describes the struggle of Czechs and Slovaks for independent Czechoslovakia during World War I and explains why Austria-Hungary could not survive.

  • Przyczyny sukcesu lub niepowodzenia w budowaniu państw po pierwszej wojnie światowej: Polska i Czechosłowacja versus Ukraina

    Author: Jewhen Perehuda
    E-mail: amalkiewicz@wp.pl
    Institution: Instytut Politologii Uniwersytetu Zielonogórskiego
    ORCID: https://orcid.org/0000-0002-2014-9051
    Author: Andrzej Małkiewicz
    E-mail: yevgennn@ukr.net
    Institution: Narodowy Uniwersytet Budownictwa i Architektury
    ORCID: https://orcid.org/0000-0001-7561-7193
    Year of publication: 2019
    Source: Show
    Pages: 115-131
    DOI Address: https://doi.org/10.15804/hso190406
    PDF: hso/23/hso2306.pdf

    The main goal of this paper is to show the crucial facts which led to the establishment at the end of the First World War of two sovereign states: the First Czechoslovak Republic and the Second Polish Republic. An attempt has also been made to provide background information on the reasons why the Ukraine did not gain independence in the time in question.

  • Odpowiedzialność cywilna rzecznika dyscyplinarnego z tytułu naruszenia niezawisłości sędziowskiej

    Author: Maciej Gutowski
    E-mail: gutowski@amu.edu.pl
    Institution: Uniwersytet im. Adama Mickiewicza w Poznaniu
    ORCID: https://orcid.org/0000-0002-3792-5088
    Year of publication: 2020
    Source: Show
    Pages: 75-91
    DOI Address: https://doi.org/10.15804/ppk.2020.04.03
    PDF: ppk/56/ppk5603.pdf

    Civil Liability of a Disciplinary Spokesman for Breach of Judicial Independence

    The article comprises an analysis of the civil law liability of a disciplinary spokesman for breach of judicial independence. The starting point of the analysis is general possibility of imposing civil liability on the judicial disciplinary spokesman, and that judges’ immunity protects from criminal offences only. The civil liability of the disciplinary spokesman is grounded on the requirement of due performance of the disciplinary spokesman’s function. The boarders between the power of the disciplinary spokesman and the civil liability must be assessed in light of the limbs of a disciplinary offense, which limit the disciplinary spokesman’s right to intervene in certain cases. The civil liability of the disciplinary spokesman is possible not only on the grounds of art. 23 and 24 of the Polish Civil Code, but also on the basis of tortious liability. The availability of these legal mechanisms is directly related to the nature of the disciplinary spokesman’s act, and boils down to the question whether the disciplinary spokesman is justified in a given instance to initiate disciplinary proceedings, i.e. whether the limbs of a disciplinary offence as required by art. 107 § 1 u.s.p. are present. The article discusses two crucial elements of the civil law liability of the disciplinary spokesman: unlawfulness and negligence. Further elements of the liability: loss and causation do not differ from the civil law standards. Therefore, in this respect, the article refers to the general rules.

  • Odpowiedzialność dyscyplinarna rzecznika dyscyplinarnego z tytułu naruszenia niezawisłości sędziowskiej

    Author: Piotr Kardas
    E-mail: pkardas@kardas.com.pl
    Institution: Uniwersytet Jagielloński
    ORCID: https://orcid.org/0000-0002-8903-241
    Year of publication: 2020
    Source: Show
    Pages: 93-107
    DOI Address: https://doi.org/10.15804/ppk.2020.04.04
    PDF: ppk/56/ppk5604.pdf

    Disciplinary Responsibility of a Disciplinary Spokesman for Breach of Judicial Independence

    The following article comprises an analysis of the basis and scope of disciplinary liability of a disciplinary spokesman for breach of judicial independence. It indicates the inherent interdependence between judicial disciplinary liability and the constitutionally protected principle of independence. The author believes that a separate judicial disciplinary liability constitutes one of the guarantees of independence. The protection of independence is further enhanced by the autonomy of the disciplinary proceedings and the means of determining the basis for such liability, the limits of which are delineated by independence. Nevertheless, it serves to outline the spokesman’s competences and thus the scope of legal acts. Abuse of the aforementioned competences in this regard is equal to an abuse of independence. What is more, the commentary sets out to introduce a two-tier understanding of the notion of abuse of independence, that is internal and external breaches. Under the current law, it is impossible for a spokesman to be in breach of independence, for he does not boast one. However, a spokesman can undertake to externally abuse another party’s - i.a. a judge’s - independence. Such abuse can be caused by non-adherence to the established limits of judicial disciplinary liability. Under such circumstances, a spokesman is in breach of his competences, which is subsequently reflected in a material violation of judicial independence. The bases of disciplinary liability of a disciplinary spokesman are set forth in the provisions pertaining to the disciplinary liability of the judiciary and the prosecution. Hence, a disciplinary spokesman’s liability is a sub-type of the general disciplinary liability of the judge (or prosecutor) who serves as a spokesman.

  • Estonian Way to the Digital State : Determinants of the Development of the Republic of Estonia

    Author: Kamila Sierzputowska
    Institution: Kazimierz Wielki University in Bydgoszcz
    Year of publication: 2020
    Source: Show
    Pages: 160-176
    DOI Address: https://doi.org/10.15804/athena.2020.68.11
    PDF: apsp/68/apsp6811.pdf

    The text below is an attempt to describe circumstances of emerging and further phases of development of the Republic of Estonia with particular attention focused on geopolitical conditions of political, economic and social processes shaping the country and having impact on its international image. Depicting respective periods in the history of Estonia and conducting an analysis of the contemporary Republic of Estonia, the author of the article describes the way that this small Baltic state successfully made to become a modern digital state.

  • Independence of the President of the Personal Data Protection Office as a Guarantee for the Personal Data Protection System

    Author: Justyna Ciechanowska
    E-mail: jciechanowska@ur.edu.pl
    Institution: University of Rzeszów
    ORCID: https://orcid.org/0000-0002-6115-0147
    Year of publication: 2020
    Source: Show
    Pages: 261-274
    DOI Address: https://doi.org/10.15804/ppk.2020.06.21
    PDF: ppk/58/ppk5821.pdf

    The purpose of this study is to discuss the guarantees of independence of the national supervisory authority in the light of the provisions of Regulation 2016/679 and national constitutional and statutory provisions. Ensuring the independence of the supervisory authority is recognized as one of the basic European standards for the protection of personal data. Independence manifests itself in the impossibility of issuing guidelines as to the manner of operation, limiting or eliminating the possibility of interfering with pending proceedings, limiting the impact on staffing. It is the independence of the authority that is intended to ensure the effectiveness and credibility of the supervision of compliance with the provisions on the protection of personal data of individuals.

  • 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.

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