• Losowanie w wymiarze sprawiedliwości

    Author: Artur Ławniczak
    E-mail: avka@prawo.uni.wroc.pl
    Institution: Uniwersytet Wrocławski
    Year of publication: 2012
    Source: Show
    Pages: 133-162
    DOI Address: https://doi.org/10.15804/ppk.2012.03.06
    PDF: ppk/11/ppk1106.pdf

    This text concerns the institution of ballot and its functions in judicature. Author analyses in details procedures of fortuity, which replaced the argumentation of parties and the influence of such methods (“unfactual fortune”) on verdict in the judicial processes. The issue of dividing the judicature and the power of adjudication from other functions and objects of power is analysed also in this text. Author writes a lot about procedures of ballot of jury as a relict of influence the fortune on adjudication and role of this procedure in guaranteeing the impartiality of judges.

  • Szczególne znaczenie losowania dla sądownictwa

    Author: Artur Ławniczak
    Institution: Uniwersytet Wrocławski
    Year of publication: 2011
    Source: Show
    Pages: 13-41
    DOI Address: https://doi.org/10.15804/ppk.2011.02.01
    PDF: ppk/06/ppk601.pdf

    Lot and ballot are alternatives forms of the election. In the ancient democracy the first possibility was more popular as better because is independent from the people’s emotions. So Aristotle and Montesquieu represent the constant view that ballot is typical for aristocracy and lot for democracy. The both incarnations of election we can find in medieval Italian city-states as Venice or Firenze, but Great French Revolution changes the democratical paradigm in the direction of victory of balloting as practical almost unique variant of election in the modern both socialist and liberal democracies. In our times lot exists in electional procedures sporadically, for example in the situation of the equal quantity of voices given for two or more candidates. In such situation the creators of law, also in Poland, accept the possibility of using lot in the character of aiding, also evidently non substantial, procedure in the modern democracy

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