- Author:
Viktoria Serzhanova
- E-mail:
viktoria@ur.edu.pl
- Institution:
University of Rzeszów
- ORCID:
https://orcid.org/0000-0002-8824-7192
- Year of publication:
2020
- Source:
Show
- Pages:
113-126
- DOI Address:
https://doi.org/10.15804/ppk.2020.05.08
- PDF:
ppk/57/ppk5708.pdf
The principle of a state of law belongs to the basic canons of contemporary democracy and remains the fundamental constitutional value and principle of all the democratic states. Its scope and interpretation usually are derived from the national constitutional order and results primarily from the basic law. In the Constitution of the Republic of Poland of 1997, being currently in force, it adopted the formula of the principle of a democratic legal state, combining the elements of a state of law, the rule of law and the democratic method of exercising power. Its contemporary understanding is derived from the output of the European constitutional law doctrine, the systemic experience of states with mature, established and solidified traditions of democracy, as well as from the judicature of the Constitutional Tribunal. This paper aims at conducting analysis of the content and scope of the principle of a democratic legal state provided by the Polish basic law.
- Author:
Agata Tarnacka
- E-mail:
a.tarnacka@doctoral.uj.edu.pl
- Institution:
Uniwersytet Jagielloński
- ORCID:
https://orcid.org/0000-0003-0003-4748
- Year of publication:
2022
- Source:
Show
- Pages:
39-51
- DOI Address:
https://doi.org/10.15804/ppk.2022.05.03
- PDF:
ppk/69/ppk6903.pdf
Extraordinary Complaint as an Instrument for Controlling the Compliance of Final Judgments with Art. 2 of the Constitution of Poland
The Supreme Court is responsible for administering justice through extraordinary control of final court judgments in order to ensure their compliance with art. 2 of the Polish Constitution. In this paper, the research hypothesis is the significance of the functioning of an extraordinary complaint due to the principle of a democratic state ruled by law that it affirms. The research hypothesis was verified by the method of analyzing the functioning of an extraordinary complaint. Considerations on the basis of the judgment of the Supreme Court of May 8, 2019, file ref. no. I NSNc 2/19 allowed to confirm the hypothesis and to draw a conclusion that the protection afforded by the presented control measure is an important instrument for supporting effective administration of justice, and the presented task of the Supreme Court concerning the compliance of judgments with Art. 2 of the Constitution is an important and necessary competence.
- Author:
Rafał Czachor
- E-mail:
rczachor@afm.edu.pl
- Institution:
Krakowska Akademia im. Andrzeja Frycza Modrzewskiego
- ORCID:
https://orcid.org/0000-0002-5929-9719
- Year of publication:
2023
- Source:
Show
- Pages:
77-88
- DOI Address:
https://doi.org/10.15804/ppk.2023.01.06
- PDF:
ppk/71/ppk7106.pdf
Constitutional Courts in the South Caucasus (Armenia, Azerbaijan, Georgia)
The functioning of the constitutional courts is a European standard, widely accepted also in post-Soviet countries. The following paper looks at the basic legal provisions of the constitutional courts in Armenia, Azerbaijan, and Georgia from a comparative perspective. While Armenia and Georgia undertake some democratic reforms, Azerbaijan remains a consolidated autocracy, what justifies such comparisons. It argues that despite being in line with European practice, there is no one model of a South Caucasus of the constitutional judiciary. The most important differences affect the nomination of judges, the scope of competencies, and the subjects eligible to submit the complaints. The study did not confirm the hypothesis that the model of the constitutional judiciary in Azerbaijan, as an authoritarian state, differs significantly from the more democratic models of Armenia and Georgia.