władza państwowa

  • System rządów w Rzeczypospolitej Polskiej: charakterystyka i diagnoza wątpliwości. Uwagi wprowadzające

    Author: Marian Grzybowski
    E-mail: marian.grzybowski@uj.edu.pl
    Institution: Uniwersytet Jagielloński w Krakowie
    Year of publication: 2012
    Source: Show
    Pages: 129-150
    DOI Address: https://doi.org/10.15804/ppk.2012.01.07
    PDF: ppk/09/ppk907.pdf

    The shaping of structural and functional relations between bodies of state authority is one of the key characteristics of any political system and – at the juridical level – of any constitutional system. The choice of basic solutions in this regard determines the method of exercising authority in the state, i.e. its system of rule; also referred to as a system of government. From the methodological perspective, we may distinguish at least two levels of the analysis of the state power mechanism (referred to as the „system of government”), i.e. the normative (constitutional-legal) system of government and the practical (political-behavioural) one. In Poland, when developing the constitutional „system of government,” in the course of work on the drafts of the 1997 Constitution of the Republic of Poland, the relevant points of reference included: a) the parliamentary-cabinet system (particularly in the „rationalized” form), b) the parliamentary-presidential system (referred to as, quite ambiguously, an „indirect system”), and – to a lesser degree - the „system of presidential rule” (presidential system).

  • Przekazanie kompetencji organów władzy państwowej na podstawie art. 90 Konstytucji RP. Zagadnienia wybrane

    Author: Bartłomiej Opaliński
    Institution: Akademia Leona Koźmińskiego w Warszawie
    Year of publication: 2010
    Source: Show
    Pages: 85-101
    DOI Address: https://doi.org/10.15804/ppk.2010.04.04
    PDF: ppk/04/ppk404.pdf

    Progressing integration processes in Europe generate the need to create legal mechanisms determining relations of the domestic law with the acts of foreign official authority. Polish constitutional legislator created appropriate regulation in the article 90 of Constitution. Present study describes issues associated with handing over of state agencies competences for international organizations and bodies. In the beginning there was made an explanation who can hand over competences and whom is qualified to hand them over for. Considering the explanation of doctrine and the judicial decisions of The Constitutional Tribunal there was showed, which of competences could be handed over and which of them constitutes the inviolable hard core of the national sovereignty. Hereinaf- ter there was made analysis of modes of giving consent to the ratification of an international agreement based in article 90, determining their mutual location. Next there were analyzed the role and participation of the President in the rati- fication process. On the basis of made arrangements there was taken an attempt of evaluation of the contemporary constitutional regulation, formulating appro- priate conclusions de lege ferenda.

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