judicial power

  • Władza sądownicza w warunkach kryzysu demokracji konstytucyjnej

    Author: Tomasz Słomka
    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.

  • A Critical Study in Judicial Councils in the Baltic States - A Comparative Approach

    Author: Katarzyna Szwed
    Institution: University of Rzeszów
    ORCID: https://orcid.org/0000-0002-2755-2804
    Year of publication: 2020
    Source: Show
    Pages: 557-571
    DOI Address: https://doi.org/10.15804/ppk.2020.06.45
    PDF: ppk/58/ppk5845.pdf

    This study aims to discuss the organizational models of the judicial councils functioning in the three Baltic States - Estonia, Lithuania, and Latvia. The analysis takes into account the time and direct rationale for establishing the relevant bodies, their composition and the process of selecting the chairperson, the length and recurrence of the term of office, the number of judges in the council, and the competences of the councils. The overview of Estonian, Lithuanian, and Latvian legal solutions is intended to examine the legal basis of the Judicial Councils, their legal status, composition, and organization, and their competences in the light of the standards developed in Europe. The work was prepared based on a dogmatic-legal method, using elements of historical and comparative analysis.

  • 100 lat definiowania polskiego modelu „separacji” władzy sądowniczej

    Author: Mariusz Jabłoński
    Institution: Uniwersytet Wrocławski
    ORCID: https://orcid.org/0000-0001-8347-1884
    Year of publication: 2021
    Source: Show
    Pages: 119-151
    DOI Address: https://doi.org/10.15804/ppk.2021.04.06
    PDF: ppk/62/ppk6206.pdf

    100 years of defining the Polish model of “separation” of the judiciary – what we had, what we have and what we might want to have

    The subject of the study is an analysis of over a hundred years of practice defining the role and political position of courts in Poland. The verification will be subject to compliance in the practice of exercising power not only with constitutional provisions (or indicating the reasons and consequences of their omission), but also with other regulations that accompany the creation and application of specific legal solutions in the context of guaranteeing the independence of the judiciary. At the same time, the assessment of the adopted solutions in terms of respect for the standards developed by international bodies for the protection of individual freedoms and rights and EU bodies was taken into account.

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