sovereignty

  • Reflections over the Legal and Constitutional Status of Transnistria

    Author: Viktoriya Serzhanova
    E-mail: viktoria@ur.edu.pl
    Institution: University of Rzeszów
    Year of publication: 2017
    Source: Show
    Pages: 71-86
    DOI Address: https://doi.org/10.15804/ppk.2017.06.04
    PDF: ppk/40/ppk4004.pdf

    The present legal status of Transnistria neither seems to be obvious, nor distinctly determined. Its estimation in the context of the region’s statehood has been a subject of disputes of, and divides at the same time, the theorists of state, international lawyers, as well as experts in international relations and political sciences. The hereby paper is an attempt of making the analysis of the selected issues determining Transdniester’s status, first and foremost from the perspective of the theory of state and constitutional law, but also taking into account the international law point of view. It aims at finding an answer to the question on its legal and constitutional status as it is seen by both the unrecognized Transnistria’s state and Moldavia. The subject of the work contains the analysis of the elements of a state’s definition in the context of Transnistria. Moreover, it comprises considerations over the right of nations to self-determination and the problem of sovereignty as regards to the region. It also concentrates on the analysis of Transnistria’s status based on the Moldavian legislation, as well as different possibilities and opportunities/chances to solve the conflict lasting for almost thirty years.

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

    Author: Łukasz Danel
    Institution: Uniwersyt Ekonomiczny w Krakowie
    ORCID: https://orcid.org/0000-0001-9715-3377
    Year of publication: 2018
    Source: Show
    Pages: 7-20
    DOI Address: https://doi.org/10.15804/ksm201801
    PDF: ksm/23/ksm201801.pdf

    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.

  • Functions of Contemporary States

    Author: Viktoria Serzhanova
    E-mail: viktoria@ur.edu.pl
    Institution: The Department of Systems of European States of Faculty of Law and Administration of the University of Rzeszow
    ORCID: https://orcid.org/0000-0002-8824-7192
    Year of publication: 2018
    Source: Show
    Pages: 295-312
    DOI Address: https://doi.org/10.15804/ppk.2018.06.25
    PDF: ppk/46/ppk4625.pdf

    States, being the fundamental forms of political organization of contemporary societies, are presently undergoing dynamic transformations connected with the processes of globalization and integration, among others in the field of the functions exercised by them, as well as the way of their performing. This has considerable significance, especially in the context of state security, for its assuring to citizens, both in the internal and external dimensions, is still one of the most important objectives of emerging and lasting of such a community. Key is also here the problem of the new comprehension of sovereignty. Among the most essential factors influencing this substance are undoubtedly globalization and regional integration processes. Thus, the 21st century states in the whole world are facing totally different, unknown hitherto challenges, requiring from them to adapt their tasks and, in consequence, also their legal orders to the constantly changing political and legal reality.

  • Zasada nieingerencji w sprawy wewnętrzne innego kraju oraz jej miejsce w polityce zagranicznej Chińskiej Republiki Ludowej

    Author: Marcin Adamczyk
    E-mail: marcin.amadeusz.adamczyk@gmail.com
    Institution: Uniwersytet Wrocławski
    Author: Magdalena Debita
    E-mail: magdalena.debita@uwr.edu.pl
    Institution: Uniwersytet Wrocławski
    Year of publication: 2018
    Source: Show
    Pages: 7-32
    DOI Address: https://doi.org/10.15804/so2018201
    PDF: so/14/so1401.pdf

    The principle of non-interference in another country internal affairs and its role in People’s Republic of China foreign policy

    This essay is an attempt to elaborate the role of state sovereignty and the resulting principle of non-interference in the law and practice of international relations. Authors undertook an attempt to map out the course of the evolutionary process of changing the perception of these rules and the relationship between the concept of state sovereignty and the principle of non-interference in the light of the most important acts of international law. Authors found a need to answer the question about whether and when interference in another country policy is legally and actually permissible. Moreover the goal of the article is to describe and to explain the role of non-interference principle in China’s foreign policy after year 1949. In order to achieve the stated assumption, authors analyze its historical determinant (dated back to the mid of nineteenth century) and also following, after the end of World War II, process of seeking support in international law, in face of two imperialism, which were adversarial to each other. Authors also consider the reasons for China’s economic success in Africa in the context of the principle of non-interference, to finally move into the issue regarding the evolution of the sovereignty perception and non-interference policy among Chinese decision-makers.

  • Local Self-Government as a Problem of Political Theory

    Author: Łukasz Święcicki
    E-mail: lukasz.swiecicki@uph.edu.pl
    Institution: University of Natural Sciences and Humanities in Siedlce
    ORCID: https://orcid.org/0000-0001-6346-2825
    Year of publication: 2019
    Source: Show
    Pages: 531-542
    DOI Address: https://doi.org/10.15804/ppsy2019401
    PDF: ppsy/48-4/ppsy2019401.pdf

    The article aims at restoring local self-government as a research problem of political theory. In contemporary political science literature, local self-government is not treated as one of its normal, standard research problems. The main obstacle of its ambiguous position within political theory is, as I argue, the forced and imposed apolitical character of local self-government considered as a part of public administration. Despite some degree of organizational, especially institutional and legal, self-determination, the local self-government is not a political, i.e. sovereign entity. However, its non-sovereign status, which is legally established, does not exclude the existence of political potency in it.

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