the March Constitution

  • Wolności i prawa jednostki w stuletniej perspektywie polskiego konstytucjonalizmu

    Author: Andrzej Bisztyga
    Institution: Uniwersytet Zielonogórski
    ORCID: https://orcid.org/0000-0002-6579-9656
    Year of publication: 2021
    Source: Show
    Pages: 153-169
    DOI Address: https://doi.org/10.15804/ppk.2021.04.07
    PDF: ppk/62/ppk6207.pdf

    Freedoms and rights of the individual in the hundredyear perspective of Polish constitutionalism

    The hundredth anniversary of the adoption of the March Constitution provides an opportunity to trace the constitutional regulations regarding the freedoms and rights of an individual in the time perspective of the age of Polish constitutionalism. The study undertook the procedure of presenting the evolution of catalogs of freedoms and rights of an individual proper to successive Polish constitutional regulations, taking into account the issue of guarantees of these freedoms and rights and the implementation of European tools in this field. The author proves the thesis about the fundamental lack of continuity of the solutions in the field of individual freedom and rights contained in the March Constitution in the 100-year perspective of Polish constitutionalism. He also points out that the history of shaping the constitutional status of an individual in republican Poland is characterized by a systemic and conceptual discontinuity.

  • Dyskurs nad wprowadzeniem kontroli konstytucyjności prawa w dobie Konstytucji marcowej

    Author: Michał Mistygacz
    Institution: Uniwersytet Warszawski
    ORCID: https://orcid.org/0000-0001-7083-7840
    Author: Jacek Zaleśny
    Institution: Uniwersytet Warszawski
    ORCID: https://orcid.org/0000-0002-8231-4454
    Year of publication: 2021
    Source: Show
    Pages: 191-201
    DOI Address: https://doi.org/10.15804/ppk.2021.04.09
    PDF: ppk/62/ppk6209.pdf

    Considerations on the introduction of the constitutional control of the law in the era of the March Constitution – reconstruction of the discourse

    The subject of the article is the reconstruction and explanation of the considerations on the failure to introduce the constitutional control of the law in the era of the March Constitution. It is argued that this was an issue noticeable by participants in legal and political relations, which was repeated during the period when it was in force, in particular after 1926 – due to the progressive abuse of the law and the fascization of political relations. Representatives of the doctrine of constitutional law are assigned a special role in promoting the importance of the control of the law for the process of building the rule of law. In this context the thesis of the article is as follows: the attitude to the control of the constitutionality of the law was not politically indifferent. It is argued that it was primarily the right-wing formations that opted for it, while the left-wing formations were against it.

  • Polityka zagraniczna Rzeczypospolitej Polskiej. Rozważania na tle konstytucji marcowej oraz konstytucji z 1997 roku

    Author: Artur Trubalski
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0001-8020-9178
    Author: Justyna Trubalska
    Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
    ORCID: https://orcid.org/0000-0001-6508-0580
    Year of publication: 2021
    Source: Show
    Pages: 213-224
    DOI Address: https://doi.org/10.15804/ppk.2021.04.11
    PDF: ppk/62/ppk6211.pdf

    Foreign policy of the Republic of Poland. Considerations in the context of the March constitution and the constitution of 1997

    The aim of the study is to analyze the constitutional solutions concerning the conduct of foreign policy by the Republic of Poland. The areas of consideration will include solutions that functioned under the rule of the March constitution, as well as solutions that were enshrined in the binding constitution of 1997. The analysis of the current solutions will also include issues related to European policy. The aim of the article is to present and compare the solutions contained in the March constitution and the constitution of 1997. The solutions functioning under each of the analyzed constitutions assume the primacy of one of the executive authorities in the field of conducting the state’s foreign policy. The analysis of individual solutions in this respect leads to the conclusion that the burden of conducting foreign policy by the president under the March constitution was transferred under the 1997 constitution to the Council of Ministers and the Prime Minister.

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