The political position of the chairman on the example of the houses of the Congress of the United States of America

This article is devoted entirely to the institution of the President on the example of the Congress of the United States of America. The office of the chairman, whose competence is to conduct deliberations, is characteristic of bodies with a collegial structure. This applies especially to those of them whose composition consists of more than a few persons. The author of the article focus on all aspects concerning this office. In the first part there is a brief characterization of the models of the institution of the speaker of parliament, as well as a historical outline of this institution. In the next part an author present the systemic position of the presiding officers of the chambers of the American Parliament.

The main purpose of this article is to attempt to show the collective biography of Polish women parliamentarians of the interwar period through an insight into their emotions and feelings, to show the “emotional communities” presented by Barbara Rosenwein. In this text I will focus on the main problems of the political activity of Polish women parliamentarians in the interwar period. Source materials produced by women, mainly ego-documents and public documents created by them, will be used to develop this topic. The study will analyze the individual experiences of women parliamentarians. Their emotions, opinions and reflections on parliamentary work will be taken into account. The paper will also discuss selected biographical aspects of the women parliamentarians, such as their age, education and political views, which undoubtedly had an impact on their opinions and emotions. Polish women parliamentarians of that time had to struggle with many problems. Reluctance to place women on candidate lists was a common occurrence. Moreover, women had to meet numerous social expectations. First of all, they were required to be mothers and wives who were responsible for family life, that is, the private sphere. Furthermore, women were seen more as social activists than as politicians. At the same time, men considered women’s issues less important, which was evident in parliamentary discussions. The main research questions were: How did women perceive their own political activity? political activity? What problems did politically active women face?

Celem artykułu będzie opisanie rytuału politycznego jakim są prace parlamentu Republiki Ugandy oraz analiza funkcji parlamentu jako instytucji odgrywającej kluczową rolę w promowaniu demokracji wśród Ugandyjczyków oraz ustanawianiu dobrych rządów poprzez wprowadzanie norm i standardów demokratycznych. Z badań prowadzonych w Parlamencie Republiki Ugandy autorka wywnioskowała, że rytuał polityczny jakim są prace parlamentu Republiki Ugandy i towarzysząca jemu symbolika mają na celu wzmocnić mity polityczne legitymizujące władzę. W tym konkretnym przypadku rytuał polityczny ma na celu przekonać społeczeństwo o jego demokratycznej funkcji. Zarówno przez prezydenta, jak i przewodniczących parlament jest kreowany na instytucję podejmującą działania na rzecz i z woli ludu.

The article analyses the Italian Government’s response to the recent Covid-19 pandemic and, more precisely, the centralization of decisions and the consequent marginalization of Parliament and Regions. The author assesses the compatibility of the governmental emergency measures with the Italian Constitution (which does not expressly regulate the “state of emergency”) and with the principle of proportionality, in order to verify whether the compression of some fundamental rights and constitutional competencies was justified by the contingent crisis.

Udział organów władzy w stanowieniu prawa na Węgrzech

Na Węgrzech organem władzy ustawodawczej jest Parlament. Według regulacji Konstytucji węgierskiej kompetencję do uchwalania ustawodawstwa przysługuje Parlamentowi, najwyższemu organowi reprezentacji ludowej. Przedmiotem artykułu jest przedstawienie roli organu władzy ustawodawczej w procesie ustawodawczym. Autorzy odwołują się również do udziału innych organów władzy państwowej w stanowieniu prawa.

Privileging of Government Draft Laws in the Spanish Legislative Process

In the article the author identifies the normative arguments as well as the arguments from the constitutional practice justifying the axiom contained in Article 89 of the Spanish Constitution that government draft laws are privileged at the stage of exercising the legislative initiative by constitutionally authorised entities. This allows us to conclude that the thesis of privileging government draft laws finds support in other constitutional provisions and in the provisions of the standing orders of both parliamentary chambers at the stage of initiating legislative proceedings, which allows the Government to have a real influence on the scope of the legislative matter considered by the Cortes Generales.

After thirty years of authoritarian leadership of king Hussein I in the Hashemite Kingdom of Jordan in 1989 the first general election since 1967 was held. In 1991 in Amman the Jordanian National Charter was legislated. This document was a declaration of civil rights and the rules governing the society. Thanks to the Charter the multiparty system was restored. It needs to be stated, however, that the legislation of this act indicated legal nihilism of Jordanian society. The card apparently met the postulates of most ideological groups. Simultaneously, it did not replace the constitution in force and its statements were mutually contradictive. An attempt was made to combine European ideas of democracy and freedom with the rules of Islam. What is even more important is that the relationship between the king and social representatives was not specified. Eventually, the Charter facilitated the King’s political game.

The Hungarian Parliament. Traditions, Dilemmas and Current Changes

The article deals with the origin, history and present of the Hungarian Parliament. Its roots go back to the Middle Ages, but the main focus is on the last two centuries. The foundations of modern parliamentarism were laid in the revolutionary year of 1848. Since then, the parliamentary system has undergone many metamorphoses. Particular attention is paid to the developments and changes after the adoption of the new Fundamental Law of Hungary in 2011. Since then, the Parliament has been operating in a regime where the dominant force has a qualified majority, which has naturally been reflected in its concrete activities and work.

The present article provides an original typology of Polish parliamentary parties according to the religious criterion, i.e., the attitude towards the Catholic Church and its postulates (prohibition of abortion, legalising IVF and civil partnerships). The analysis covers the parties which have had at least 10 seats in the Sejm since 2001. First, the parties were classified according to the program criterion (membership in party families), then their views in the axiological sphere were analysed, and finally, the party typology was determined. The following types of parties were distinguished: quasi-religious, referring only to Christian values, axiologically moderate, secular.

Representation of National Minorities of Poland in the Bodies of State Power

The question of the participation of all the public groups of the country in representative bodies of all levels is relevant to any state. However, the most difficult task is to represent the representative body of interests of national minorities. Different countries have come up with a different solution to this issue. The problem of the representation of national minorities in the authorities is for both traditionally multi-ethnic states and for countries that are reasonably homogeneous in the ethnic plan. This problem will persist as long as there are nations, nationalities, national minorities. People always seek to identify themselves with a particular community, and national identification is the most acceptable. The threat of assimilation of national minorities greatly enhances the desire to preserve its national identity, which always goes into the area of political relations and the need for political decision-making. This article analyzes the current problem of representation of national minorities in the legislative bodies of the Republic of Poland. The aim of the study was to analyze the participation of minority groups in the political (in particular, electoral) process of the state through the formation of ethnic elites and ethnopolitical parties. To complete the selected topic, the following tasks were set: to substantiate the place and the role of national minorities in the socio-political life of the state, to analyze the creation of political parties by individual national minorities and their participation in parliamentary and municipal elections. It is concluded that at the present stage all nationalities living in Poland are disproportionately represented in the state legislative bodies.

Evolution of Grand National Assembly of Turkey’ Role in State System

The aim of article is to show the evolution of parliament’s role in Turkey and the changes taking place within the tripartite division of power from the time of the establishment of the Republic of Turkey (1920’s) to 2018. The article attempts to answer the following questions: how have the scope of competences and the position of the Turkish parliament changed? What are the competences of the parliament following the last reform of the Basic Law (1982)? The research hypothesis assumes that in the case of Turkey, we are dealing with a process of gradual deparliamentarization and replacement of parliament’s supremacy in the tripartite division of powers with a strong monocratic executive power. The changes taking place, characterized in successive basic laws and their amendments, can be described as a gradual weakening of the legislative power and the reduction of its powers in the structure of governmental bodies.

Legal Consequences of the Addressee’s Failure to Reply to an Interpellation or of Replying Late

The article presents the essence of parliamentary interpellations, refers to the obligation incumbent on the addressee to provide an answer within the time limit indicated in the Constitution. The author is of the opinion that not replying or replying after the deadline is a constitutional tort and is subject to liability before the State Tribunal. The currently occurring, rather negative parliamentary practice necessitates appropriate amendments to the Parliament’s Rules of Procedure. These changes should also cover the issues of abuse of the right of interpellation and enquiry by.

The article examines the main state-building acts adopted by the highest authorities of Ukraine and the Baltic states starting from 1990 (as a result of the first free election of deputies of these republics in the post-war period) and until 2004 (when significant changes took place in the internal political and geopolitical context, in particular – the accession of the Baltic states to NATO and the EU, as well as changes in the form of government in Ukraine in amendments to the Constitution as a result of the so-called «Orange Revolution»). The article reflects not only the legal part of the specified period, but also the institutional part, in particular, in the part of the formation of both legislative and executive power in the specified countries. The interaction of political, regulatory and historical components in this article forms a holistic vision of state-building processes in their synergistic unity. The purpose of the study is to conduct a chronological comparison of the main statebuilding acts of Ukraine and the Baltic countries in the period from 1990 to 2004. The methodological basis is a chronological comparison of the normative framework of countries in the context of the processes of state formation. It was determined that the parliaments of these countries, which were elected in the spring of 1990, immediately began to fight for their sovereignty and set a course for separation from the union center. The August 1991 putsch in Moscow became the «trigger mechanism» in the declaration of independence of the Baltic states and Ukraine. From that time, these countries began to build their states independently, in particular in the political and legal sphere. First, there is a change in the name of the state itself and its parliament (getting rid of the Soviet one) at the legislative level, as well as the complete subordination of power structures and other authorities exclusively to republican structures. Subsequently, the main state symbols (flag, coat of arms and anthem), constitutions are adopted, the course of states towards a market economy through the denationalization of property and privatization is introduced, each has its own currency, property is divided with other republics, international treaties and agreements are adopted, and countries The Baltics (but not Ukraine) manage to completely get rid of Russian troops from their territory through complex diplomatic efforts. The latter also contributed to the fact that the Baltic countries, having immediately taken a course towards the West, later became full members of NATO and the EU. During this period, Ukraine only decided on its geopolitical vector, that it intends to join these international associations in the future.

This article provides a comparative analysis of the implementation of referendums in Ukraine and the Baltic states during the first decade of independence. The article contains a historical and political aspect regarding the reasons and results of referendums introduced in the specified countries. The article provides a separate analysis of the political features of the introduction of referendums in Ukraine, which consisted, first of all, of pressure from the president on the parliament, with the aim of the latter adopting decisions necessary for the head of state. Such pressure on the parliament, in the form of a referendum initiative by the second President of Ukraine, was aimed at increasing its powers, especially with regard to influence on the government, and a proportional decrease in the powers of the Verkhovna Rada. This was most clearly manifested during the period of formation and approval of the text of the Constitution of Ukraine, in which all the «rules of the game» in the aspect of checks and balances of the highest institutions of state power were to be agreed upon. The experience of the Baltic countries in the first decade of restored independence had less practice than in Ukraine regarding political confrontations between the highest bodies of state power. The Baltic countries finally agreed on the main powers of the main institutions of power during the first two years of their restored independence and confirmed them in referendums. Further, their plebiscites consisted more in solving issues of national than exclusively political importance.

Anti-Defection Law as a Remedy for Legislative Party Switching? The Case of New Zealand

The article addresses whether the enactment of anti-defection legislation reduces legislative party switching in parliament. This question is pertinent because some researchers cease to analyze cases of legislative party switching when anti-defection legislation is present in a political system. However, the example of New Zealand demonstrates the fallacy of such an assumption. Despite anti-defection legislation being passed twice, it has not effectively deterred parliamentarians from changing party affiliations. Instead, they have strengthened the position of parliamentary group leaders in relation to parliamentarians and the necessity for the latter to rely on loopholes that shield them from the severe consequences of party switching. A dogmatic analysis of the current legislation and a systemic analysis of the selected case lead to this overarching conclusion.

Custom as a Creator of Legal Norm on the Example of Standing Orders of the Sejm

Parliamentary custom has been present in modern parliament since its inception. The functioning of the British or German parliament shows that customs can co-create or supplement parliamentary procedure. In the Polish parliament, customs also regulate a number of proceedings. The subject of this article is the custom found in the practice of the lower house of the Polish parliament – the Sejm. Examples of customs that have been transformed into norms of the Sejm’s rules of procedure despite their long practice are indicated and discussed. However, the analysis of these examples does not give a clear answer to the question of the reasons for turning custom into law. It shows the inconsistency and discretionary nature of the changes. It is also in vain to find purposefulness and consistency in the creation of norms on the basis of custom.

The article is devoted to the analysis and the characteristics of the rights and the proxies of the monarch in Romania according to the Constitution of 1866. The adoption of the first Basic Law was the fateful act in the history of the state-building processes of Romania and contributed to its development as the sovereign state. The Constitution had the contractual nature and established the compromise between the young bourgeoisie and the large landowners in the form of the constitutional monarchy. The king in Romania for a long time remained the person who was «above» of all the state and political leadership of the country. This status and the proxies of the monarch were delegated with the first Basic Law. The legal fixing of such legal status of the monarch at the level of the Constitution made it possible to establish full-fledged royal power, which was an extremely important state-political step for the development of Romania as the independent country. The constitutional foundations, the functions and the limitations of the institution of the monarchical power in the principality were fixed in the number of the articles of the Constitution of 1866. At the same time, the important state-constitutional aspect was the clear fixation that all proxies of the monarch could be done based on the interests of the Romanian nation. The Basic Law of 1866 established the proxies of the monarch such as in the legislative branch of power (the right of legislative initiative, the right of the interpretation of laws, Articles 32–34); executive power (had to implement it in the manner determined with the Constitution, Article 35) and partially in the justice system (the right to declare amnesty on the political issues, the right to postpone or to mitigate punishment in criminal cases, Article 93). For strengthening of the foundations of the statehood, the Constitution officially established the principle of the hereditary power of the monarch (Article 82). His person was declared inviolable. Herewith, the Romanian constitutionalists fixed that the monarch did not have any other proxies, except those granted to him with the Basic Law (Article 96). Adopted in 1866, the Basic Law approved legally the democratic aspirations of the Romanian nation. It defined directly the most important principles of the state functioning as the principle of the national sovereignty, the principle of the division of powers, the principle of representative government, the principle of hereditary monarchy, the principle of the responsibility of the state officials, the principle of the Rule of law, etc. The Basic Law definitely contributed to the gradual democratization of the state-governing and public structures, the formation of the concept of the civil personality and untouchability, foresaw the presence of the political and legal pluralism in the country, etc. Due to the introduction of the institution of the constitutional monarchy, that ruler in the person of Karl I could establish and hold the certain political balance in the country between the liberals and the conservatives, which opened the possibility to potentially strengthen the two-party system and laid the foundations of the civil society and the future constitutional life of Romania.

Difficult parliamentary beginnings? ‘Rookie MPs’ in Poland of the 9th and 10th term on the electoral lists

This article presents statistical data on the ‘rookie MPs’ of the 9th and 10th Sejm of the Republic of Poland. The authors, by means of a statistical analysis of the election results, point out the factors that make it possible to win a parliamentary seat for the first time and the prospect of retaining it in the next term. Three groups of MPs were analysed: rookies winning their MPs mandate for the first time in 2019, 2019 rookies seeking reelection in 2023 and rookies winning their MPs mandate for the first time in 2023. The analysis carried out in this way made it possible to identify the determinants of winning a mandate and possibly retaining it. Based on the research, it can be concluded that is the place on the electoral list that is important for first-time electoral success.

The Second Chamber of the Polish Parliament in the Concepts of the Polish People’s Movement

The objective of the article “The second chamber of the Polish parliament in the concepts of the Polish people’s movement” is to analyze the issue of the Second Chamber of the Polish Parliament in the political thought of the People’s movement. The People’s Party supported a unicameral parliament. The Second Chamber reappeared in the 1930s as a Chamber of Commerce or Local Government (similarly in the Third Polish Republic). However, in practice, they voted for the adoption of subsequent constitutions, in which the Senate was present. This was not the expression of their political thought, but of their ability to make compromises and put the interests of the state above party particularism.

The author analyzed the issue of the impact of international standards on the relationship between the parliamentary majority and the minority. Although the regulation of these issues is the sovereign attribute of the state, international organizations may influence this sphere as a consequence of the obligations arising from membership. The protection of opposition rights is included in the axiological systems of both the European Union and the Council of Europe. Of particular importance here will be the implementation of the document of the Venice Commission, which contains a checklist of requirements that should be implemented to ensure proper relations between the parliamentary majority and minority. Although this document is only the so-called “soft law”, so it is not legally binding, it should be implemented into the political practice of the member states of the Council of Europe.