political system

  • Instrumentalization of the Constitutional Order as a Tool of Political Control in the Post-Soviet Space. The Case of the Republic of Georgia

    Author: Jan Brodowski
    E-mail: jan.brodowski@uj.edu.pl
    Institution: Jagiellonian University
    ORCID: https://orcid.org/0000-0001-8798-6391
    Author: Bartłomiej Krzysztan
    E-mail: bkrzysztan@isppan.waw.pl
    Institution: Polish Academy of Sciences
    ORCID: https://orcid.org/0000-0001-5632-6884
    Author: Joanna Piechowiak
    E-mail: jpiechowiak@umk.pl
    Institution: Nicolaus Copernicus University
    ORCID: https://orcid.org/0000-0002-0021-2519
    Year of publication: 2021
    Source: Show
    Pages: 281-290
    DOI Address: https://doi.org/10.15804/ppk.2021.06.22
    PDF: ppk/64/ppk6422.pdf

    Georgia is one of the most democratized states in the post-Soviet space. This article presents the mechanisms of instrumentalization and ideologization of the Georgian constitution and its political and social context. The absence of a consolidated state of the law was found to have four causes: 1) colonial experiences of the Enlightenment; 2) heritage of Soviet legislation; 3) rapid Westernization of the legal system; 4) political actors and parties manipulating the constitution in the name of particularistic interests.

  • The Concept of Sustainable Development as a Constitutive Element of the Polish Political and Legal System and a Specific Human Right

    Author: Jacek Sobczak
    E-mail: j.sobczak@vizja.pl
    Institution: University of Economics and Humanities in Warsaw
    ORCID: https://orcid.org/0000-0002-2231-8824
    Author: Ksenia Kakareko
    E-mail: k.kakareko@uw.edu.pl
    Institution: University of Warsaw
    ORCID: https://orcid.org/0000-0003-3707-4479
    Author: Maria Gołda-Sobczak
    E-mail: mgolsob@amu.edu.pl
    Institution: Adam Mickiewicz University in Poznan
    ORCID: https://orcid.org/0000-0002-3854-7007
    Year of publication: 2021
    Source: Show
    Pages: 451-465
    DOI Address: https://doi.org/10.15804/ppk.2021.06.36
    PDF: ppk/64/ppk6436.pdf

    The term ‘human rights’ is used to describe the rights of every person, regardless of their nationality or social position. In the doctrine, the term is also understood differently as the material, social and cultural premises of human independence. Both the concept and the content of the principle of sustainable development are the subject of a broad debate involving representatives of different scientific disciplines, publicists, and politicians representing different options. The authors of the article analyze the principle of sustainable development in the context of human rights. From the text of Art. 5 of the Constitution, it can be deduced that the principle of sustainable development in this layer is a human and civil right, broader than the law, relating to living in an uncontaminated environment. The core of the concept of sustainable development, which is not sufficiently emphasized due to its “appropriation” by ecologists and its complexity unduly perceived by lawyers, is that it formulates rights for future generations. The perception of these rights by the creators of the Polish Constitution, both in its preamble and in its Article 5, should be considered momentous and anticipating its creation.

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