kontrola konstytucyjności

  • The Principle of Judicial Discretion and the Death Penalty in Singapore-Constitutional Approach

    Author: Anna Michalak
    Institution: University of Lodz
    Year of publication: 2017
    Source: Show
    Pages: 101-114
    DOI Address: https://doi.org/10.15804/ppk.2017.06.06
    PDF: ppk/40/ppk4006.pdf

    Any discussion of human rights in post-colonial countries of Asia conducted from the perspective of Western civilization faces many obstacles, particularly related to existing differences, or even cultural barriers and different traditions. Postcolonial states, despite the remaining remnants of the colonial era-visible in their legal systems, that still contain normative acts adopted before obtaining sovereignty – very firmly resist to the adoption of the universal catalog of human rights set out in the UN Covenants, as well as the use of standards in their observance that are compatible with those made within the United Nations. Both – the so-called ideology of Asian values, as well as the concept of the ASEAN community is not conducive to the creation of international binding legal framework and does not allow (or even leading in the future) to create a universal system of human rights protection. On the contrary – it leads to the deepening ideological differences or even philosophical, in the further development of democracy among Western countries and Asia. From the perspective of European constitutional law, it may be interesting to see the arguments of post-colonial Asia judges on the issue of the division of power in the context of judicial activism and the protection of constitutional values. The purpose of this publication is to present the views of Singapore’s judiciary in connection with the reforms introduced in 2013 that abolish the mandatory death penalty for certain crimes together with the possibility of replacing it by a court decision with life imprisonment and flogging.

  • Racjonalizacja polskich instytucji politycznych przy zastosowaniu rozwiązań ustrojowych państw współczesnych

    Author: Radosław Grabowski
    Institution: Uniwersytet Rzeszowski
    Year of publication: 2017
    Source: Show
    Pages: 11-21
    DOI Address: https://doi.org/10.15804/ppk.2017.05.01
    PDF: ppk/39/ppk3901.pdf

    The article is an attempt to identify the constitutional authorities of Poland, whose functioning can be improved through the application of solutions operating in other countries. The change in the way the Senate is elected is seen as an opportunity to improve the quality of the statutes passed in Poland. The appointment of the vice president is to improve the functioning of the office of the President of the Republic and to make him independent of the parliament. Entrusting the constitutional review of the law to the Supreme Court can contribute to the depoliticization of this process. A similar effect can be attained in the case of constitutional responsibility, provided that its common courts are enforced.

  • The Constitutional Court of Kosovo - Introductory Remarks

    Author: Krystian Nowak
    Institution: University of Rzeszów
    ORCID: https://orcid.org/0000-0003-4853-1591
    Year of publication: 2020
    Source: Show
    Pages: 497-510
    DOI Address: https://doi.org/10.15804/ppk.2020.06.40
    PDF: ppk/58/ppk5840.pdf

    On February 17, 2008, Kosovo declared independence. Over twelve years after the adoption of the Declaration of Independence, the issue of universal, international acknowledgment of Kosovo still has not been resolved. The foundation for the establishment of the Republic of Kosovo was international society, which created the legal framework for the future statehood of Kosovo. The problem of the functioning of the constitutional judiciary was one of the key issues during the creation of the basic law of the Republic of Kosovo. This article s to analyze the constitutional position of the Constitutional Court of the Republic of Kosovo in the state system established under the Constitution of 2008. It presents the composition of the Court, its competence, and principles of organization and functioning. The solution applied in the Kosovo basic law fits into the broadly understood model of the European constitutional judiciary.

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