mandat przedstawicielski

  • Some Comments on Representation: Theoretical Principles and Reality

    Author: Łukasz Buczkowski
    E-mail: lxb@wp.pl
    Institution: Łomża State University of Applied Sciences
    Year of publication: 2017
    Source: Show
    Pages: 253-282
    DOI Address: https://doi.org/10.15804/ppk.2017.06.16
    PDF: ppk/40/ppk4016.pdf

    The purpose of the article is to compare the theoretical basis of representation with the real relations between the representative and the collectivity, as practiced in the functioning of the representative government. In the first part, the author focuses on explaining the modern understanding of representative democracy against the background of the classic theory of representation; the second part is devoted to the presentation of the legal aspect of the representative mandate, considering the transformation of the discussed institution in the context of European and Polish constitutional law. The third part is to present the discrepancies between the legal construction of representation and political and systemic practice of its functioning, together with an indication of the reasons for this gap. The relations between the mandate holder and the voters, and the internal system of relations between the representatives and their political groups of origin have been analysed.

  • Mandat przedstawicielski w polskiej tradycji ustrojowej i we współczesnym polskim prawie konstytucyjnym

    Author: Maciej Pisz
    Year of publication: 2013
    Source: Show
    Pages: 173-194
    DOI Address: https://doi.org/10.15804/ppk.2013.03.08
    PDF: ppk/15/ppk1508.pdf

    The purpose of this paper is to address the concept of a representative parliamentary mandate in Polish tradition and in contemporary Polish constitutional law. The paper touches upon the concept of the representative mandate in the Polish constitutionalism in a comprehensive and cross-cutting manner, with regard to both former constitutional rules and the current Constitution. The considerations are based on an analysis of the normative regulations and basic doctrinal approaches. Emphasis has been also placed on the historical context of a representative mandate and on conclusions flowing from comparing the two basic models of a parliamentary mandate. The author enriches his views with references to the everyday political practice, which has a significant influence on the real perception of the notion of a representative mandate.

  • Interwencja poselska - instytucja konieczna, zbędna czy szkodliwa? Próba udzielenia odpowiedzi

    Author: Krzysztof Wygoda
    E-mail: krzysztof.wygoda@uwr.edu.pl
    Institution: Uniwersytet Wrocławski
    ORCID: https://orcid.org/0000-0002-0997-5512
    Author: Dariusz Wasiak
    E-mail: dariusz.wasiak@wsb.wroclaw.pl
    Institution: Wyższa Szkoła Bankowa we Wrocławiu
    ORCID: https://orcid.org/0000-0001-6057-7475
    Year of publication: 2021
    Source: Show
    Pages: 313-324
    DOI Address: https://doi.org/10.15804/ppk.2021.04.19
    PDF: ppk/62/ppk6219.pdf

    Parliamentary intervention – a necessary, superfluous or harmful institution? An attempt to answer

    The aim of the article is to point out doubts about the model assumptions and the functioning of the right to parliamentary intervention. As part of the solutions adopted in the Constitution of the Republic of Poland (including the requirement to represent the nation under a free mandate and the principle of the separation of powers) any actions taken by representatives of power in the individual and not public interest, allowing interference (or informal pressure) in the normatively defined mechanisms or procedures of decision-making (by public authorities, and even more so in the field of business), can be seen as a threat to the standards of a democratic rule of law. The authors outlining potential threats postulate changes leading to the limitation or abolition of the institution of parliamentary intervention.

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