praworządność

  • Zmierzch powojennego paradygmatu konstytucyjnego. Artykuł recenzyjny pracy zbiorowej Constitutional Democracy in Crisis?, red. M.A. Graber, S. Levinson, M. Tushnet, ISBN-13: 978-0190888985, ISBN-10: 0190888989, Oxford University Press, New York 2018, ss. 

    Author: Sebastian Kubas
    E-mail: sebastian.kubas@uj.edu.pl
    Institution: Uniwersytet Jagielloński
    ORCID: https://orcid.org/0000-0003-0024-6679
    Year of publication: 2020
    Source: Show
    Pages: 343-363
    DOI Address: https://doi.org/10.15804/ppk.2020.02.18
    PDF: ppk/54/ppk5418.pdf

    “Constitutional Democracy in Crisis?” published in 2018 by Oxford University Press si- gnificantly enriches contemporary debate on constitutional topics. This review article briefly outlines the volume edited by M.A. Graber, S. Levinson and M. Tushnet. What makes this book distinctive is its critical approach to the present status of constitutional democracy, which I associate with the influence of the editors whom I count among the most inspiring current constitutional thinkers. Moreover, this is a truly collaborative ef- fort, not just a collection of papers. An impressive array of contributors produced a de- tailed study on the apparent weakening of many constitutional democracies around the world. Deeds and refusals to obey the law were written down which makes this volume a chronicle of the erosion of democracy during the first two decades of the 21 st century. I argue that the book also shows the decline of the postwar constitutional paradigm and the crisis of the academic reflection about the constitutional law. In this sense the book is like a snapshot of the transitional moment between the discredited past and an unknown future. I expand this theme in the second part of the review drawing on authors such as U. Mattei and L. Nader (the illegality of the rule of law), M.F. Massoud (the use of law to maintain power), F.J. Urbina (a critique of proportionality and balancing), A. Su- likowski (the tension between the constitutional thinking and the modernity), L.M. Se- idman (the constitutional disobedience), M.P. Markowski (the damaging role of values in the political process), J. Dukaj (the politics in the era of post-literacy).

  • The Origin and Evolution of the Principle of a Democratic State of Law on the Grounds of the Constitution of the Republic of Poland

    Author: Viktoria Serzhanova
    E-mail: viktoria@ur.edu.pl
    Institution: University of Rzeszów
    ORCID: https://orcid.org/0000-0002-8824-7192
    Year of publication: 2020
    Source: Show
    Pages: 113-126
    DOI Address: https://doi.org/10.15804/ppk.2020.05.08
    PDF: ppk/57/ppk5708.pdf

    The principle of a state of law belongs to the basic canons of contemporary democracy and remains the fundamental constitutional value and principle of all the democratic states. Its scope and interpretation usually are derived from the national constitutional order and results primarily from the basic law. In the Constitution of the Republic of Poland of 1997, being currently in force, it adopted the formula of the principle of a democratic legal state, combining the elements of a state of law, the rule of law and the democratic method of exercising power. Its contemporary understanding is derived from the output of the European constitutional law doctrine, the systemic experience of states with mature, established and solidified traditions of democracy, as well as from the judicature of the Constitutional Tribunal. This paper aims at conducting analysis of the content and scope of the principle of a democratic legal state provided by the Polish basic law.

  • Wacław Komarnicki (1891–1954) – Socio-Political Views and Activities

    Author: Witold Wojdyło
    ORCID: https://orcid.org/0000-0003-4185-4777
    Year of publication: 2020
    Source: Show
    Pages: 75-101
    DOI Address: https://doi.org/10.15804/pbs.2020.04
    PDF: pbs/8/pbs804.pdf

    An in-depth analysis presented in this article concludes that the views and socio-political activities of Wacław Komarnicki were aimed at reasserting the Polish national interest and realizing the idea of the state of law associated with the rule of law. The analysis is based on archival and printed sources and selected literature on the subject. It required the use of appropriate research methods. The biographical method, in conjunction with the content analysis method, proved to be most helpful. Among the research techniques, the analysis of testimonies of political thought proved to be particularly useful.

  • „Ci nawet sami, którzy stróżami praw są postanowieni, najpierwszymi zachowaczami onych być powinni” . O praworządności w debacie i dziele reformatorskim Sejmu Wielkiego (1788–1792)

    Author: Anna Tarnowska
    E-mail: atarn@law.umk.pl
    Institution: Uniwersytet Mikołaja Kopernika w Toruniu
    ORCID: https://orcid.org/0000-0002-9058-0672
    Year of publication: 2021
    Source: Show
    Pages: 47-62
    DOI Address: https://doi.org/10.15804/ppk.2021.03.03
    PDF: ppk/61/ppk6103.pdf

    „Even the same Ones, who are Established to be Protectors of Law, they Ought to be Their First Preservers”. On the Rule of Law in the Debate and Reform work of Polish Great Sejm (1788–1792)

    Although the theoretical assumptions of the concept of the rule of law have been developed in the continental tradition only in the 19th century, its systemic elements have their roots deep in history. In this contribution, the author analyses selected examples from the field of legislation and legal culture of the Great Sejm era (1788–1792). She focuses in particular on the problems of articulation and functioning of the supremacy of the constitution in the legal order and the innovative shaping of the responsibilities of key state authorities. These issues notably seem to reflect the suspension between the domestic heritage and the modernity of constitutionalism. At the same time, both cases prove that the ratio legis of these solutions was primarily of a practical, not conceptual nature.

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