• W kierunku skandynawskiego modelu monarchii parlamentarnej? Zmiany w brytyjskim prawie konstytucyjnym wobec Fixed-term Parliaments Act 2011

    Author: Marcin Łukaszewski
    E-mail: lukaszewskimarcin@o2.pl
    Institution: Uniwersytet Adama Mickiewicza w Poznaniu
    Year of publication: 2014
    Source: Show
    Pages: 29-54
    DOI Address: https://doi.org/10.15804/ppk.2014.06.02
    PDF: ppk/22/ppk2202.pdf

    Subject of the paper is Fixed -term Parliaments Act which was adopted in 2011, under which the British monarch lost power to dissolve the parliament, which was in force since the beginning of the English parliamentarism. The author analyzes the few Polish and Anglo-Saxon literature comments to the Act, and also indicates the consequences of different legal solutions to the structure of the British constitution. As a result of the adoption of the Fixed-term Parliaments Act 2011 there has been a change in the British Constitution: constitutional convention of Lascelles Principles lost its power, and also the earlier prerogative of the monarch expired and the so-called statute laws was added yet another piece of legislation. The author also notes that the adoption of the Act led to the inhibition of evolutionary strengthening the position of Prime Minister, among other organs of the state.

  • Przedterminowe zakończenie pełnomocnictw parlamentu na przykładzie Polski i Czech

    Author: Agnieszka Bień - Kacała
    Institution: Uniwersytet Mikołaja Kopernika w Toruniu
    Author: Magdalena Rączka
    Institution: Uniwersytet Mikołaja Kopernika w Toruniu
    Year of publication: 2010
    Source: Show
    Pages: 55-74
    DOI Address: https://doi.org/10.15804/ppk.2010.2-3.03
    PDF: ppk/02-03/ppk2-303.pdf

    This paper concerns early termination of representative body’s term of office executed by the head of the state. The competence has a character of sanction that occurs in case of improper parliamentary performance. It takes on an obligatory or optional form. The act of the President does not require countersignature. The major difference between Poland and the Czech Republic consists in the effect of the institution application. It is not automatic in Poland – the period of parliamentary operation is extended in time and expires the day before the Sejm of the new term gathers. Whereas in the Czech Republic we deal with immediate termination of the lower house activity. Unlike in Poland, the end of the lower house term of office does not affect duration of the Senat plenipotentiary pow- ers. Concerning the termination of term of office under the constitutional act, it needs to be emphasized that there are doubts regarding possibility of its passing in Poland. The reasons for that include regulation of the institution expressed in the constitution in the apparently complete way and the lack of separate consti- tutional act in the catalogue of the law sources. The Czech Constitutional Court recognizes such an act as being in contradiction with the Czech constitution, which may be additional argument in the discourse.

  • Wyjątki od zasady dyskontynuacji prac polskiego parlamentu

    Author: Mateusz Radajewski
    E-mail: mradajewski@swps.edu.pl
    Institution: Uniwersytet Humanistycznospołeczny
    ORCID: https://doi.org/10.15804/ppk.2020.02.10000-0002-7547-9197
    Year of publication: 2020
    Source: Show
    Pages: 155-170
    DOI Address: https://doi.org/10.15804/ppk.2020.02.08
    PDF: ppk/54/ppk5408.pdf

    The subject of the study is the exception to the principle of discontinuation of works of the Polish parliament issue. The initial point of reference for further discussion is the state ment that the principle despite its benefits has also disadvantages which justify admis- sibility to formulate exceptions thereto. Then the author indicates its legal nature which has an effect on possible determination thereof. The exceptions to the discontinuation rule in legislation and parliamentary regulations were further analysed. Analyses car- ried out have led to the conclusion that the discontinuation of works of the Polish par- liament has the nature of the constitutional principle and exceptions thereto may be es- tablished only by an express decision of the legislator.

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