zmiana konstytucji

  • Zasady zmiany Konstytucji V Republiki Francuskiej

    Author: Radosław Grabowski
    Institution: Uniwersytet Rzeszowski
    Year of publication: 2014
    Source: Show
    Pages: 131-142
    DOI Address: https://doi.org/10.15804/ppk.2014.02.09
    PDF: ppk/18/ppk1809.pdf

    The Constitution of the Republic of France is an act of force longer than other French constitutions. Since 1958, 24 amendments were carried out, which leads to the conclusion that the procedure should not change it to overly stringent. However, the French amendment of the constitution is implemented under clearly different from the legislative process, which makes treated as rigid. This allows to assume that the authors of the Constitution of the Fifth Republic has managed to create a fundamental law stabilizing the state system, but allowing its evolution under the influence of changing realities.This study is an analysis of the procedure for amending the Constitution of the French Republic in order to determine what legal structures used to achieve this effect.

  • Prezydent a ustawodawstwo konstytucyjne w polskiej tradycji ustrojowej

    Author: Adam Tokarski
    E-mail: at5@tlen.pl
    Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
    ORCID: https://orcid.org/0000-0001-9675-260X
    Year of publication: 2019
    Source: Show
    Pages: 143-161
    DOI Address: https://doi.org/10.15804/ppk.2019.03.07
    PDF: ppk/49/ppk4907.pdf

    The article discusses prerogatives and activity of the President of the Republic of Poland with respect to constitutional legislation. The first part of the paper deals with regulations which refer to the head of state’s participation in the constitutional legislation during the inter-war period. The second part of the article analyses legal provisions concerning that issue, which were enforced in 1947–1952 and 1989–1997. The third part contains a description of the President’s role in the procedure of amending the Constitution stipulated in art. 235, para. 1 of the Constitution of the Republic of Poland of 1997 and the application of that procedure in practice so far. The fourth part is the summary of this paper.

  • Najnowsza pozaparlamentarna propozycja konstytucyjna – „Projekt Konstytucji Rzeczpospolitej Polskiej” ogłoszony 11 listopada 2018 r.

    Author: Jerzy Kuciński
    E-mail: barbara.kucinska@vp.pl
    Institution: Społeczna Akademia Nauk w Łodzi
    ORCID: https://orcid.org/0000-0001-5003-8670
    Year of publication: 2019
    Source: Show
    Pages: 198-228
    DOI Address: https://doi.org/10.15804/ppk.2019.03.10
    PDF: ppk/49/ppk4910.pdf

    To commemorate the 100 th anniversary of the restoration of Poland’s sovereignty regained in 1918, the Draft Constitution of the Republic of Poland (Projekt Konstytucji Rzeczpospolitej Polskiej original spelling) was announced on 11 th November 2018 as a draft of ZPP/WEI circles (Union of Entrepreneurs and Employers and Warsaw Enterprise Institute Foundation think tank) developed under the leadership of Professor Robert Gwiazdowski. It is a comprehensive Draft of a new constitution consisting of 184 articles comprised in seventeen chapters including thirteen pages of explanatory notes. A consistent support of its authors for solutions introducing presidential system of government is a characteristic feature of the Draft. In a number of proposals, the Draft differs from regulations in the prevailing Constitution of the Republic of Poland of 1997. It specifically concerns the catalogue of rules of the form of government, legal status of an individual within the country and a guarantee of such status, sources of law, legislative, executive and judiciary powers, bodies outside the system of the separation of powers, territorial self-government, and public finances. Some of the material proposals of solutions related to a political regime included in the Draft deserve positive assessment. However, the majority of the same are of a controversial nature or inspire critical remarks. Thus, this Draft vis-á-vis the established Constitution cannot be considered as the better one. Still, as some of the solutions included in the same could have positive influence on more efficient and effective performance of the state mechanism, they would deserve some consideration and submission to a political discussion and ultimately such elements would be required in the Constitution should the amendment take place.

  • Jeszcze raz o referendum przedkonstytucyjnym

    Author: Krzysztof Grajewski
    E-mail: prakg@ug.edu.pl
    Institution: Uniwersytet Gdański
    ORCID: https://orcid.org/0000-0002-8691-5150
    Year of publication: 2020
    Source: Show
    Pages: 47-66
    DOI Address: https://doi.org/10.15804/ppk.2020.02.03
    PDF: ppk/54/ppk5403.pdf

    The article discusses the issue of the pre-constitutional referendum in Polish law. In 1992 a referendum approving the new constitution was introduced to the constitutional pro- visions. The current constitutional regulations expressly allow only the possibility of holding a constitutional referendum approving constitutional amendments. However, the analysis of current regulations leads to the conclusion that it is possible to announce a referendum on constitutional matters in accordance with Article 125 of the Constitu- tion, regulating the so-called nationwide referendum.

  • Significance of the Constitutional Public Interest Clause for the Process of Amending the Constitution of Republic of Poland

    Author: Andrzej Bisztyga
    E-mail: a.bisztyga@wpa.uz.zgora.pl
    Institution: University of Zielona Góra
    ORCID: https://orcid.org/0000-0002-6579-9656
    Year of publication: 2020
    Source: Show
    Pages: 49-60
    DOI Address: https://doi.org/10.15804/ppk.2020.05.03
    PDF: ppk/57/ppk5703.pdf

    The purpose of the article is to conduct an axiological reflection using the notion of public interest, on preparation and the procedure for amending the constitution. The article provides a theoretical attempt to capture and place public interest in the broadly socially and publicly understood process of constitutional change. This attempt is not dictated solely by the desire to conduct theoretical – legal and intellectual speculation. This is supported by the increasing voices of the need to amend the existing constitution, which are often superficial, populist and de facto formulated from the position of the supremacy of the state over the individual. The time-varying connotations of the general public interest clause are related to the axiology of selected constitutional principles. The public interest, understood at a given moment in the development of social life, should be a determinant of the process broadly, i.e. both the social and the legislative sense of the constitutional amendment. Similarly, the very direction of constitutional changes should be an expression of social interest.

  • Changes in the Constitution from the Perspective of the Hierarchy Rivalry Theory

    Author: Piotr Szreniawski
    E-mail: szreniawski@poczta.umcs.lublin.pl
    Institution: Maria Curie-Skłodowska University in Lublin
    ORCID: https://orcid.org/0000-0002-3448-0298
    Year of publication: 2020
    Source: Show
    Pages: 527-537
    DOI Address: https://doi.org/10.15804/ppk.2020.05.38
    PDF: ppk/57/ppk5738.pdf

    The hierarchy rivalry theory is based on the perception of social reality as a rivalry between associations and rivalry of systems of norms. The state constitution is a collection of tops of hierarchies. A constitution can be changed for various reasons – sometimes the change is an attempt to transform reality, and sometimes it results from the ruling party’s attempt to maintain power. A constitutional change may be a revolution, understood as a process within the hierarchy, or an invasion resulting from external influence. The importance of the influence of ideology, but also of associations, on changes to the constitution should be recognized.

  • Proposals for Constitutional Changes in the Presidential Election Campaign in Poland in 2020

    Author: Dominik Szczepański
    E-mail: szczepanski@ur.edu.pl
    Institution: University of Rzeszow
    ORCID: https://orcid.org/0000-0001-9026-1447
    Year of publication: 2020
    Source: Show
    Pages: 191-201
    DOI Address: https://doi.org/10.15804/ppk.2020.06.15
    PDF: ppk/58/ppk5815.pdf

    The article discusses the proposals for changing the constitution, which were officially presented during the presidential election campaign in Poland in 2020. The article consists of two main parts. The first part focuses on the presented proposals of laws concerning the regulation in question, while the second focuses on the postulates resulting from the activity of candidates running for the office of President in Poland in 2020.

  • W poszukiwaniu analogii reformy Izb Ustawodawczych 1921-1935, 1997-?

    Author: Artur Olechno
    E-mail: a.olechno@uwb.edu.pl
    Institution: Uniwersytet w Białymstoku
    ORCID: https://orcid.org/0000-0003-2594-0376
    Year of publication: 2021
    Source: Show
    Pages: 301-312
    DOI Address: https://doi.org/10.15804/ppk.2021.04.18
    PDF: ppk/62/ppk6218.pdf

    Search for Analogies of the Reform of the Legislative Chambers 1921–1935, 1997–?

    An article devoted to the parliament during the existence of the March Constitution of 1921, and comparing its similarities with the Constitution of 2nd April 1997 in terms of the political system and its functioning. Based on the provisions of both constitutions and the practice, the author has undertaken to comment on the existing analogies and the possible need to amend the currently binding constitution.

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