• Ombudsman Institutions and the Judiciary in Sweden and Finland

    Author: Piotr Mikuli
    E-mail: p.mikuli@uj.edu.pl
    Institution: Jagiellonian University in Cracow
    Year of publication: 2017
    Source: Show
    Pages: 37-48
    DOI Address: https://doi.org/10.15804/ppk.2017.06.02
    PDF: ppk/40/ppk4002.pdf

    The short article discusses the competences of ombudsmen in Sweden and Finland in relation to the judiciary. These institutions have controlling and supervisory powers in relation to courts of law, including the determination of the accountability of judges and typical competences of a prosecutor. The Author points out the necessity to read provisions of the constitutions and acts regulating the discussed competences in the light of the principle of the judiciary’s independence. Still, the supervisory rights of ombudsmen in Sweden and Finland are very well developed and may refer to issues approaching closely the sphere of jurisdiction. When assessing the solutions presented, the Author points out the fact that the ombudsmen in both countries have worked out respective practices aimed at such use of available means of control so they cannot be accused of a reasonable and too extended interference with the judiciary sphere.

  • Hungarian understanding of the division of powers

    Author: Radosław Grabowski
    E-mail: drgrabowski@wp.pl
    Institution: Uniwersytet Rzeszowski
    Author: Ivan Halász
    E-mail: halivan@freemail.hu
    Institution: Uniwersytet Śląski w Opawie
    Year of publication: 2016
    Source: Show
    Pages: 59-78
    DOI Address: https://doi.org/10.15804/ppk.2016.06.03
    PDF: ppk/34/ppk3403.pdf

    Hungarian constitutional system has a number of characteristics, including division of power. This is a result atypical evolution of the political system in Hungary after 1989. Most of the countries of Central and Eastern made a thorough reconstruction of the political system in the nineties of the twentieth century, many constitutions were adopted in 1991–1994. Otherwise had done Hungarians, making a 1989 amendment to the Constitution of 1949. and the adoption of a new constitution putting off indefinitely. Completely new Fundamental Law was adopted only in 2011., in force since 1 January 2012. It introduced in the Hungarian constitutional system significant changes, modifying the way the principle the division of powers. The changes seem to be rational, and therefore to be expected that the Hungarian model finds followers.

  • Szczególne znaczenie losowania dla sądownictwa

    Author: Artur Ławniczak
    Institution: Uniwersytet Wrocławski
    Year of publication: 2011
    Source: Show
    Pages: 13-41
    DOI Address: https://doi.org/10.15804/ppk.2011.02.01
    PDF: ppk/06/ppk601.pdf

    Lot and ballot are alternatives forms of the election. In the ancient democracy the first possibility was more popular as better because is independent from the people’s emotions. So Aristotle and Montesquieu represent the constant view that ballot is typical for aristocracy and lot for democracy. The both incarnations of election we can find in medieval Italian city-states as Venice or Firenze, but Great French Revolution changes the democratical paradigm in the direction of victory of balloting as practical almost unique variant of election in the modern both socialist and liberal democracies. In our times lot exists in electional procedures sporadically, for example in the situation of the equal quantity of voices given for two or more candidates. In such situation the creators of law, also in Poland, accept the possibility of using lot in the character of aiding, also evidently non substantial, procedure in the modern democracy


    Year of publication: 2016
    Source: Show
    Pages: 181-198
    DOI Address: https://doi.org/10.15804/hso160208
    PDF: hso/11/hso1108.pdf

    This paper deals with delicts against human life (more specifically, newborn child murder by mother, killing in self-defence and accidental killing, premeditated homicide and manslaughter) in Province of XIII scepus towns, which were recorded in the protocols of central administration of Province of XIII scepus towns together with others records related to the administration of the province. Time limits of the issue are years 1550 and 1650.

  • Rady sądownictwa w Andorze, Monako i San Marino

    Author: Paweł Kubacki
    E-mail: pawel.kubacki@unilodz.eu
    Institution: Uniwersytet Łódzki
    ORCID: https://orcid.org/0000-0002-1173-0784
    Year of publication: 2020
    Source: Show
    Pages: 297-315
    DOI Address: https://doi.org/10.15804/ppk.2020.02.16
    PDF: ppk/54/ppk5416.pdf

    The purpose of the thesis is to show constitutional position of judicial councils in An- dorra, Monaco and San Marino. The thesis presents an analysis of history and constitu- tional evolution of these bodies and presents their constitutional status form the point of view of the composition and organization and granted competences. The analysis leads to the conclusion that each of three microstates adopts a different concept of the consti- tutional role of the judicial council.

  • Development of Justice and Transformation of Judicial Authorities in Slovakia after 1989

    Author: Branislav Bujňák
    E-mail: brano.bujnak@gmail.com
    ORCID: https://orcid.org/0000-0002-0662-7221
    Year of publication: 2020
    Source: Show
    Pages: 431-442
    DOI Address: https://doi.org/10.15804/ppk.2020.05.32
    PDF: ppk/57/ppk5732.pdf

    In this article, the author tries to point out the problems of the legal system and democratic society after 1989 in the condition of Slovak Republic and ultimately almost in all the countries of post-Communist period. The aim of this work is to point out the development of justice and judicial authorities in Slovakia since 1989 and its current state. The result should be the naming of all elements influencing the judiciary, decision-making activity of court in the context of the directive and the rules of the European Community. The next point is the description of the independence and connection of the judiciary and its offices to state power and related isues. Also, the autor describes to the establishment of the Judicial Council of the Slovak Republic as the highest office of the judiciary in the Slovak Republic, its competences, powers and functioning. In the same way there are listed other offices without which the judiciary as such could not function like Prosecutor’s Office of the Slovak Republic, Slovak Bar Association, Notary Chamber of the Slovak Republic and Slovak Chamber of Executors. At the end of the article the author evaluates the development of justice in the context of an ever-evolving democratic society.

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