Kluczowe pojęcia i kategorie poznawcze w prawie konstytucyjnym porównawczym i w nauce o systemach politycznych

  • Author: Jerzy Jaskierania
  • Year of publication: 2008
  • Source: Show
  • Pages: 135-151
  • DOI Address: https://doi.org/10.15804/athena.2008.20.09
  • PDF: apsp/20/apsp2009.pdf

IN THE FIELD of Constitutional Law and Political Science we may find in Poland two separate scientific fields: Governmental Systems (field of Comparative Constitutional Law) and Political Systems (field of Political Science). This scientific fields are dealing with that same subject, but with different methodologies, types of analysis and group of specialists. The author raise question about rationality of such a division and seek answer dealing with two new books, representative for both scientific fields: Political Systems of Contemporary Europe by Andrzej Antoszewski and Ryszard Herbut, as well as Governmental Systems of Contemporary States by Andrzej Pułło. Constitutional Law approach is concentrating on constitutional (structural) aspects, while Political Science approach is stressing political elements, especially functioning of party systems. But for the education of students it is important to combine both elements. Constitutional Law approach should not eliminate elements of governmental behavior, especially in the area of relation of Legislative and Executive Powers. It can attribute to the picture of “living constitution”. However Political Science approach should not simplified understanding of legal (constitutional) structures. Political behavior may be fully exposed only on the base of precise description of structures and functions of organs of the states. Another dilemma base on these books deals with the question: whether for better understanding of Constitutional Law and Political Systems Institutions such a books should concentrate on classical systems, e.g. United States, United Kingdom, France, Switzerland (as in the Pułło’s book) or on comparative analysis of broader group of States (as in the Antoszewski and Herbut’s book). This first conception better serves for dipper understanding of classical systems and creates base for checking another systems with this basic knowledge. In recent decades however broader comparative approach is more logical because of necessity to include developments in this area in Central and Eastern Europe. It brings not only implementation of classical systems, but attribute to new constitutional thinking, especially in the process of escaping from totalitarian past.

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