rule of law

  • Państwo prawa w polskim porządku konstytucyjnym a jego wspólnotowe rozumienie

    Author: Kamila Sara Kowalska
    Institution: Uniwersytet Mikołaja Kopernika w Toruniu
    ORCID: https://orcid.org/0000-0001-6843-7493
    Year of publication: 2019
    Source: Show
    Pages: 7-20
    DOI Address: https://doi.org/10.15804/ksm201901
    PDF: ksm/24/ksm201901.pdf

    The aim of the article is to define a rule of law for a proper functioning of the state, especially in the context of the provision of legal freedoms and guarantees to constitutional units. The determination of the was presented consequences of a breach of the rule of law which governs the complex acquis. The study will consist of attempts to define the rule of law, starting from the scope of this rule, on the basis of a doctrinal interpretation. This rule based on the Constitution of the Republic of Poland as well as on the Judgments Constitutional Court of the Republic of Poland. The specificity of the functioning of the European Union system requires to consider in this context the relationship between national and EU law on the regulation of the rule of law at the Community level. For the topic addressed, it is equally important to refer to the mechanisms provided by EU law to enforce Member States to respect common principles and values. The method used to implement the previously articulated objectives legal text interpretation.

  • 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.

  • The Proposal to Create the European Union Mechanism to Monitor Democracy, the Rule of Law and Fundamental Rights, and the Council of Europe Reaction

    Author: Kamil Spryszak
    E-mail: k.spryszak@onet.pl
    Institution: Jan Kochanowski University in Kielce
    ORCID: https://orcid.org/0000-0002-3318-3742
    Year of publication: 2020
    Source: Show
    Pages: 475-486
    DOI Address: https://doi.org/10.15804/ppk.2020.06.38
    PDF: ppk/58/ppk5838.pdf

    The rule of law is one of the founding values of the EU, as indicated in Art. 2 TEU. This provision recognizes that the rule of law is a core value, inherent to liberal democracy, and one which characterized the Union and its Member States. Taking into account this context, as well as the deficiencies of the EU mechanism to enforce the rule of law within the Member States, European Parliament called on the Commission to establish a new tool to address rule of law backsliding in Member States. In October 2016, Parliament addressed recommendations to the Commission on the establishment of EU mechanism on democracy, the rule of law, and fundamental rights (EU pact for DRF) in the form of an international agreement. The new mechanism should integrate and complement the existing mechanism, should be evidence-based, objective, addressing the Member States and EU. The author analyzes this initiative and tries to answer why it was not fully realized. Additionally, he presents a reaction to that initiative of the Council of Europe. There is no doubt, that realization of the EU Pact for DRF would inf luence the Council of Europe and weaken its role as a main European mechanism in the area of protection of democracy, rule of law, and human rights.

  • 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.

  • W przededniu narodzin nowoczesnej doktryny państwa prawa? Stosunek polskich liberałów do idei rządów prawa w początkach XIX wieku

    Author: Michał Gałędek
    E-mail: Michal.galedek@wp.pl
    Institution: Uniwersytet Gdański
    ORCID: https://orcid.org/0000-0002-9538-6860
    Year of publication: 2021
    Source: Show
    Pages: 15-29
    DOI Address: https://doi.org/10.15804/ppk.2021.03.01
    PDF: ppk/61/ppk6101.pdf

    On the Eve of the Birth of the Modern Doctrine of the Legal State? The Attitude of Polish Liberals to the Idea of the Rule of Law at the Beginning of the 19th Century

    The article analyzes the problem of the attitude towards the idea of the rule of law of representatives of the Polish elite at the beginning of the 19th century. The author presents the development of the idea of the rule of law in the introduction. He verifies the thesis that the ideological basis for the concept of the rule of law was the Enlightenment thought on the basis of which the liberal doctrine developed. He used it to seek an answer to the question about the characteristics of the model of government established by the Constitution of the Kingdom of Poland of 1815. The author attempted to prove that, since the Kingdom (existing until 1831) with one of the most liberal constitutions in the first half of the 19th century was in force, then this act met all the conditions required for the establishment of the rule of law according to the standards adopted in that century. These considerations conclude with remarks on the further evolution of Polish liberal thought in the 1820s. It began to differ from the liberal assumptions on which the German Rechtstaat doctrine was built. Paradoxically, Rechtstaat concept had much more in common to Polish liberalism in the earlier (proto-liberal) stage of its development in the times of the Duchy of Warsaw (1807–1815) than of the Kingdom of Poland (1815–1831).

  • Czy istnieją polskie tradycje państwa prawa? Prolegomena do badań

    Author: Marcin M. Wiszowaty
    E-mail: mwiszowaty@konstytuty.pl
    Institution: Uniwersytet Gdański
    ORCID: https://orcid.org/0000-0002-9740-2457
    Year of publication: 2021
    Source: Show
    Pages: 31-46
    DOI Address: https://doi.org/10.15804/ppk.2021.03.02
    PDF: ppk/61/ppk6102.pdf

    Are there Polish Traditions of the Rule of Law? Prolegomena for Research

    The paper is a summary of a scientific seminar devoted to the problem of the Polish acquis concerning the concept of the Rule of Law and an introduction to in-depth research on this subject. The initial answer to the research question whether there is Polish achievements in the described field is positive. It is a centuries-old and relatively rich achievement. The answer to the question about the existence of the Polish tradition of the Rule of law, understood as continuity, is negative. Despite making more and more (partially understandable) attempts to prove this continuity and the existence of at least a partial continuation of the political system between the so called First, Second and Third Polish Republics, this continuity is only illusory and in fact has been broken several times. One can speak of a short-term continuity only within successive epochs in Polish history.

  • „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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