• Konstytucyjna zasada rzetelności i sprawności działania instytucji publicznych na tle linii orzeczniczej Trybunału Konstytucyjnego w latach 2006–2016

    Author: Izabela Niczyporuk
    Institution: Uniwersytet w Białymstoku
    Year of publication: 2017
    Source: Show
    Pages: 123-136
    DOI Address:
    PDF: ppk/35/ppk3506.pdf

    The article presents selected line of jurisprudence of the Constitutional Court with regard to judgments referring to the reliability and efficiency of public institutions. The principle indicated in its title was expressed by Polish constitutional lawmaker in the preamble to the Polish Constitution of 1997. In the introduction, there are identified various positions of doctrine regarding the normative character of the preamble. Due to the lack of a legal definition the author defines the concept of “fairness” and “efficiency”, and “the integrity of the state” and “the efficiency of the state”. This article in its essential part takes into account judgements of the Constitutional Tribunal issued in 2006–2016. Adopted timing is determined by the judgement oth the Tribunal passed in 2006, where the principle of fairness and efficiency has been called the “principle” and where the Court recognised its normative charcter. The judgments are discussed in chronological order. The aim of this article is to show the substantial meaning of the principle of fairness and efficiency of the state which was provided in discussed court cases. The idea is also to draw attention to the Introduction to the Constitution as its important part.

  • Normatywizacja pamięci zbiorowej w preambułach do konstytucji państw postkomunistycznych

    Author: Anna Młynarska-Sobaczewska
    Institution: Polska Akademia Nauk
    Year of publication: 2014
    Source: Show
    Pages: 233-250
    DOI Address:
    PDF: ppk/18/ppk1814.pdf

    Preambles are parts of constitutions, which are visibly neglected in legal theory and constitutional law. They are defined as solemn introductions to constitutions, which indicate the sovereign, historical and political context of increasing the new constitutional order, main aims and principles – the foundation of constitution. Such elements are also commonly apparent in most of post-communist constitutions of European states. The article shows the integrative function of these preambles, achieved by using clauses creating and maintaining the identity of political community. The clauses with this function are identified as: statements regarding national and cultural heritage and fundamental principles of community. The article investigates these elements in preambles texts of post-communist constitutions and indicates their role as tending to create the national identity.

Wiadomość do:



© 2017 Adam Marszałek Publishing House. All rights reserved.

Projekt i wykonanie Pollyart