• The State Tribunal as a Special Organization Adjudicating on the Consitutional Responsibility of the President

    The creation of a special body whose sole purpose is to rule on violations of the constitution or statutes by senior state officials, including the president, is relatively rare. Only Greece and Poland have implemented such a solution and until recently also the French law provided such a possibility but the amendment of the Constitution in 2007 changed the legislation within that scope. The subject of the study is the analysis of Polish regulations concerning the State Tribunal in the context when the National Assembly adopts a resolution to put the President in charge of committing a constitutional delinquency.

  • The relations among the Polish Armed Forces’ Management Entities depicted in the 1997 Constitution

    The current political-military situation enforces verification of existing structural and procedural arrangements relating to the functioning of Polish defense system. According to a number of conceptual documents (including National Security Strategy of 2014) the system consists of two kinds of subsystems: the controlling and the executive. The latter kind of subsystems includes operational and supporting sorts. The Polish Armed Forces (PAF) are the key element of the national defence system and are subject to civilian supervision of the democratic authorities. With regard to this kind of supervision there are two primary (fundamental) notions that deserve particular attention: headship and control. Both forms of supervision are reserved for civilian authorities during peacetime, respectively for the President of Poland and the Minister of National Defence. During the war time, the Council of Ministers gains greater importance in controlling the state defence. In this context, the category that invariably remains in the PAF domain is command understood as a specific form of control. Noteworthy, however, is the fact that the war-time PAF command structure, considering existing legal regulations, does not seem fully optimized. Therefore the reform of PAF control and command system, initiated in 2014, requires continuation and completion.

  • Electoral System of the Republic of Belarus after 25 Years of Independence

    This paper aims to present a case study analysis of the condition of the electoral system in the Republic of Belarus after more than a quarter of a century of independence. The main purpose of the paper is to explain the discrepancies between legislation and practice. The author intended to note a real situation that dominates the country’s political scene in comparison to theoretical establishments. A Constitution of the Republic (created in 1994, with minor changes in 1996 and 2004) is the legal ground of the electoral system, however, procedural details were drawn up in the Electoral Code. The principles of Belarusian electoral code consist of some statements known from democratic models, such as universal suffrage, direct suffrage, secret ballot and equality. There are different types of elections in Belarus but the most important ones are presidential and parliamentary elections. Despite the detailed legal rules for conducting these elections, in fact, the principles of democracy, as well as the internal rules in Belarus, are not respected. Both presidential and parliamentary elections have shown this in recent years. Independent observers for a long time have been alarming about worrying electoral practices in Belarus. It is also worth emphasizing that since 1994, one man has been in power uninterruptedly, and Parliament has in fact a symbolic function. In the source materials, the author used Belarusian legal acts, analyses and reports, press notes as well as scientific papers.

  • The President of the Republic of Poland in the Light of Constitutions Adopted in Poland Between 1918 and 2018 – Selected Issues

    The article concerns the constitutional position and political role of the President of the Republic of Poland. Though the Author concentrates on the current constitution of Poland, that entered info force in 1997, he also reviews all the constitutions (and important amendments to these constitutions) that were adopted over the last century, so after Poland had restored its sovereignty in 1918.
    The analysis is concentrated not only on the constitutional position and political role of the Polish president, but also on the way he was (and is) elected. The Author tries to prove a thesis that the actual political position of the head in the state in Poland depended and still depends not only on constitutional provisions, but also on specific political circumstances, and even the character and personality of the people holding this office.

  • Evolution of the Senate institutions based on the Constitutional Act of March 17th 1921 and the Constitutional Act of April 23rd 1935

    In the article, the authors compare the institutions of the Senate of the Second Polish Republic on the basis of the Constitutional Act of March 17, 1921 and the Constitutional Act of April 23, 1935. In the first part, the article presents the the way of functioning and selecting the senators in accordance with the provisions of the Constitutional Act of March 17, 1921. The second part of the article is a description of the regulations contained in the constitutional Act of 23 April 1935, on the basis of which then Senate of the Republic of Poland functioned. At the end of this article, the authors indicate similarities, but above all differences, in the functioning of the first chamber of the parliament of the Second Polish Republic.

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