- Author:
Michał Zbigniew Dankowski
- E-mail:
m.dankowski@vp.pl
- Institution:
Kolegium Jagiellońskie – Toruńska Szkoła Wyższa
- ORCID:
https://orcid.org/0000-0003-1729-7595
- Year of publication:
2019
- Source:
Show
- Pages:
459-471
- DOI Address:
https://doi.org/10.15804/ppk.2019.06.34
- PDF:
ppk/52/ppk5234.pdf
The dramatic events taking place in 2017 resulted in an unprecedented intervention of the Government of the Kingdom of Spain in the duties of the authorities of the Autonomous Community of Catalonia. The procedure for the fulfilment of constitutional obligations of the authorities of one of the seventeen Autonomous Communities, that make up Spain, was introduced for the first time in history. The sources of this situation should be sought in the conflict between Barcelona and Madrid, which has been growing for a decade, and reached its peak with the Spanish Government’s failure to recognize the independence referendum and the attempt to secede by the Catalan authorities. The situation showed the need to reform the Spanish constitutional system, in particular as regards the rights and obligations of Autonomous Communities.
- Author:
Piotr Uziębło
- E-mail:
piotr.uzieblo@ug.edu.pl
- Institution:
Uniwersytet Gdański
- ORCID:
https://orcid.org/0000-0003-2473-9240
- Year of publication:
2020
- Source:
Show
- Pages:
29-45
- DOI Address:
https://doi.org/10.15804/ppk.2020.02.02
- PDF:
ppk/54/ppk5402.pdf
Referendum and What’s Next? On the Result of the Nationwide Referendum and Its Effects
In this article, the Author focused on analyzing the consequences of referendum decisions on the basis of Polish constitutional law, including the manner of their implementation into the Polish legal order, if such actions are necessary. He indicates that a significant complication related to the implementation of the referendum result is the inability to directly adopt laws in a referendum in the Polish political system, as well as imprecise regulations contained in the Act on National Referendum. He also states that it is worth considering to define the threshold for the binding nature of the referendum on the basis of the level of support for the winning solution instead of the turnout in the popular vote. This would prevent the tactical absence, which under current conditions may lead to the lack of binding nature of such referendum. The danger is also caused by the lack of a grace period that would not allow for a specified period of time to implement legislative amendments violating the referendum result. This creates an essential fiction of the final result of such a referendum.
- 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
Once again on the Pre-Constitutional Referendum
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 provisions. 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 Constitution, regulating the so-called nationwide referendum.
- Author:
Małgorzata Augustyniak
- E-mail:
malgorzata.augustyniak@uwm.edu.pl
- Institution:
Uniwersytet Warmińsko-Mazurski w Olsztynie
- ORCID:
https://orcid.org/0000-0002-5958-1992
- Year of publication:
2020
- Source:
Show
- Pages:
325-339
- DOI Address:
https://doi.org/10.15804/ppk.2020.04.17
- PDF:
ppk/56/ppk5617.pdf
The Realization of the volonté générale in the Representative Democracy System from the Perspective of the
Deliberations of Raymond Carré de Malberg The article concerns the comparison of the idea volonté générale proposed by J.J. Rousseau with the political solutions put forward by R.C. Malberg. The constitutionalist from Strasburg noticed some flaws of the political system of the French Third Republic. The flaws were connected with the lack of the efficiency of the connected with the supremacy of the parliament executive power. In the opinion of the scientist, in the reality of representative democracy, voting is often dominated by the party discipline and some quantitative criteria. Such an approach may favor the misinterpretation of the volonté générale, which should be treated as a qualitative category focused on the realization of the common good. The solutions proposed by Malberg aimed at strengthening the institution of referendum. The institution fully expressed the sovereignty of the nation and created the basis for the legitimacy of the political and legal system.
- Author:
Grzegorz Kryszeń
- E-mail:
kryszen@edu.uwb.pl
- Institution:
Uniwersytet w Białymstoku
- ORCID:
https://orcid.org/0000-0002-7556-2716
- Year of publication:
2020
- Source:
Show
- Pages:
425-441
- DOI Address:
https://doi.org/10.15804/ppk.2020.04.23
- PDF:
ppk/56/ppk5623.pdf
Citizen Initiated Referendum and Polish Referendum Law
The main aim of this study is to respond to the call to give citizens the power to initiate a referendum in a binding way. The key question in this context is whether such a postulate should not be treated as just a typical manifestation of political populism and thus rejected, or whether it should be supported by recognizing the institution of a referendum initiated by the citizens as a factor conducive to a more complete implementation of the idea of democratic rule, without threatening the destabilization and dysfunctionality of the political system. The analysis carried out in the article proves that this institution cannot be discredited because it should be seen as a necessary element of the process of exercising power in a democratic state. The proposed legal regulation may be conducive to achieving such a role in Polish political practice.
- Author:
Łukasz Danel
- Institution:
Cracow University of Economics
- Year of publication:
2020
- Source:
Show
- Pages:
7-20
- DOI Address:
https://doi.org/10.15804/athena.2020.67.01
- PDF:
apsp/67/apsp6701.pdf
The article is devoted to the problem of further steps that Great Britain could take to break the stalemate in which it found itself after June 2016 when the British decided to leave the European Union. Despite making this decision, it turned out that its implementation was unexpectedly difficult, which in turn caused a political crisis in Great Britain that has not been seen in this country for a long time. The aim of the article is to try to find answers to two research questions. First of all, could the Brexit process – both from a legal and political point of view – have been stopped and reversed, for example, by holding a second referendum? Secondly, whether, since Brexit has become a fact, we can expect a quick return of Great Britain to the European Union (“Breturn”). Using the method of institutional and legal analysis and the content analysis method, the Author tries to prove the thesis that the idea of a second referendum seemed unlikely, and hence – Brexit was rather inevitable. As for “Breturn” – this scenario also looks unrealistic, as it would involve various legal and political obstacles as well as practical inconveniences for Great Britain.
- Author:
Nicole Pietrzak
- E-mail:
nicole922@onet.pl
- Institution:
Uniwersytet Kazimierza Wielkiego w Bydgoszczy
- ORCID:
https://orcid.org/0000-0002-0747-6234
- Year of publication:
2019
- Source:
Show
- Pages:
63-84
- DOI Address:
https://doi.org/10.15804/siip201904
- PDF:
siip/18/siip1804.pdf
Brexit Negotiation Process in David Cameron and Theresa May’s Policy
Great Britain’s decision to leave the European Union (aka Brexit) is one of the most significant events in the history of European integration. It is also the first event in the history of the Community, yet not the only one proposed by the UK government. This article aims at the analysis of political activity of British Prime Ministers: David Cameron and Theresa May related to the United Kingdom’s leaving the European Union structures. British Government’s decision was taken after the referendum, which was held on June 23, 2016, followed by invoking Article 50 of the EU’s Lisbon Treaty. Consequences of Brexit are highly dependent on the results of negotiations, although most definitely they will have political, economic and social implications. The most important conclusions are contained in the summary.
- Author:
Андрій Голдовський [Andrii Holdovskyi]
- E-mail:
Andrii.Goldovskiy@gmail.com
- Institution:
Taras Shevchenko National University of Kyiv
- ORCID:
http://orcid.org/0000-0002-5733-0225
- Year of publication:
2022
- Source:
Show
- Pages:
49-56
- DOI Address:
https://doi.org/10.15804/CPLS.20222.05
- PDF:
cpls/2/cpls205.pdf
Foreign Experience of Establishing the Right of the People to Participate in Legislation
The article analyzes the foreign experience of consolidating the right of the people to participate in lawmaking. The following conclusions were made in the course of the research: in general, there are two common approaches to determining the minimum number of persons (only citizens who have the right to vote): proportional (the proportion of the total number of voters is set); quantitative (a clear number of voters is determined, whose initiative is sufficient to be considered “popular”. Foreign experience in the forms of people’s participation in law-making is extremely multifaceted, as it provides a wide variety of forms, which we think should be classified according to the criterion of bilateral obligations and the level of inclusiveness of Parliament in relations with the people. It should be noted that we see the greatest efficiency in the implementation of such forms of direct participation of the people in lawmaking, namely: legislative initiative; referendum; activity of consultative and advisory bodies, and the people’s veto should be considered as a kind of referendum, with a complex structure and mechanism for implementation. The existence of the limits of people’s access to participation in law-making is analyzed and it is determined that most of the Constitutions of states declare the inadmissibility of putting to a referendum issues related to: tax and budget system, international activities, amnesty. Instead, we believe that the wording of the Swiss Constitution is extremely accurate. The first set of issues on which the people have the right to initiate legislation is identical to the range of issues considered by Parliament. As for the Swiss Constitution, it gives extremely broad initiatives to the people not only at the level of the state as a whole, but also at the level of the cantons. Thus, we conclude that the right of the people to participate in lawmaking is an integral part of the system of democratic rights and freedoms, and the trend we see based on the analysis of the Constitutions of democracies shows a trend towards expanding models and forms of such participation. what should be taken into account during the constitutional and legal regulation of this issue in Ukraine.
- Author:
Małgorzata Podolak
- E-mail:
malgorzata.podolak@mail.umcs.pl
- Institution:
Uniwersytet Marii Curie- -Skłodowskiej w Lublinie
- ORCID:
https://orcid.org/0000-0002-6250-4170
- Author:
Sabina Grabowska
- E-mail:
sgrabowska@ur.edu.pl
- Institution:
Uniwersytet Rzeszowski
- ORCID:
https://orcid.org/0000-0003-0530-708X
- Year of publication:
2022
- Source:
Show
- Pages:
137-153
- DOI Address:
https://doi.org/10.15804/ppk.2022.04.11
- PDF:
ppk/68/ppk6811.pdf
Referendum Votes in Romania – Success or Failure of Direct Democracy?
In the countries of Central and Eastern Europe, the institution of a referendum is the most popular tool of direct democracy used in the decision-making process. We can see the extension of the scope of issues that are put to the vote, in addition to traditional issues, the subject of a referendum are issues that strongly polarize public opinion and evoke significant emotions. The article presents the political practice of referendum votes in Romania. In the years 1991–2019, eight votes were held on the most important issues of public life, including the recall of the president twice Traiana Băsescu. The matters put to the vote to a large extent result from the existing conflicts in the ruling camp, between the president and the government and parliament, as well as from party rivalry and preferred issues consistent with the party’s programs and social expectations.
- Author:
Krzysztof Zuba
- Year of publication:
2011
- Source:
Show
- Pages:
148-163
- DOI Address:
https://doi.org/10.15804/athena.2011.30.09
- PDF:
apsp/30/apsp3009.pdf
The aim this present article is to describe what are the possible consequences may arise from the British Parliament’s amendment to the European Community Act. This includes the so-called “referendum lock” (is requires a referendum after any change in the EU’s institutional and legal status that would lead to an essential transfer of sovereignty to the EU), as well as the “sovereignty clause” (it confirms that it is solely the Parliament that holds direct legislative power within the territory of the United Kingdom). The passing of this act into law may have farreaching consequences for the future of the European Union. The necessity of conducting a referendum in European issues, in light of Britons’ extensive and continuous reluctance to European integration, may result in Great Britain’s exclusion from future pro-integration activities. This, in turn, could shatter the unity of the European nations and effectively lead to the victory of the “multi-speed” idea of integration.
- Author:
Elżbieta Kużelewska
- Year of publication:
2011
- Source:
Show
- Pages:
157-179
- DOI Address:
https://doi.org/10.15804/athena.2011.29.09
- PDF:
apsp/29/apsp2909.pdf
The dutch political system clearly favors representative democracy over direct democracy. Popular vote in 2005 on the ratification of the Constitution for Europe was the first (and the last) a nationwide referendum in the Netherlands. The decision to adopt the Constitutional Treaty by referendum was dictated by various factors, but mainly resulted from the belief that voters agree with the politicians about the need for a Constitution for Europe. Meanwhile the Dutch rejected the treaty in referendum. The purpose of this article is to show the reasons for the rejection of the Constitutional Treaty of the European Union, as well as to make an attempt to answer whether the outcome of the referendum was the result of voters’ attitudes towards Europe, or rather the attitudes towards political parties and government.
- Author:
Anna Michalak
- E-mail:
amichalak@wpia.uni.lodz.pl
- Institution:
Uniwersytet Łódzki
- ORCID:
https://orcid.org/0000-0001-7430-5817
- Year of publication:
2023
- Source:
Show
- Pages:
137-150
- DOI Address:
https://doi.org/10.15804/ppk.2023.05.10
- PDF:
ppk/75/ppk7510.pdf
A Constitutional Complaint as an Instrument for Protecting Individual Electoral Rights – Comments in the Context of Constitutional Complaints Considered by the Constitutional Tribunal in 2012–2023
It seems that currently any attempt to undertake a substantive assessment of the activity of the Polish Constitutional Tribunal, especially after 2015, is doomed to the need to address the problem of the ongoing constitutional crisis in Poland. Nevertheless, the analysis of statistical data allows us to put forward the thesis that the “popularity” of the constitutional complaint as a means of protecting individual freedoms and rights – at least seemingly – has not been completely wasted even in these difficult conditions. It can be concluded that a constitutional complaint is not a commonly used instrument for the protection of an individual’s electoral rights. Nevertheless, given the constitutional problems raised in the constitutional complaints, the structure of this instrument of protection of the constitutional freedoms and rights of the individual prevents effective protection (ie. the possibility of restoring) the infringed electoral rights of the individual.
- Author:
Marek Barbarewicz
- E-mail:
marekbarbar@wp.pl
- Institution:
Uniwersytet Gdański
- ORCID:
https://orcid.org/0000-0002-4465-6488
- Year of publication:
2023
- Source:
Show
- Pages:
61-74
- DOI Address:
https://doi.org/10.15804/ppk.2023.06.04
- PDF:
ppk/76/ppk7604.pdf
Results of Amendments to the Constitution of the Republic of Ireland Relating to Seanad Éireann
Seanad Éireann in the Republic of Ireland, being currently one of the few examples of a chamber of parliament implementing the formula of functional representation, is often the object of criticism and proposals for constitutional reforms in terms of its functioning and, in particular, the method of electing its members. The previous amendments related to the Senate – VII of 1979 and XXXII of 2013 – ended in failure and did not implement the accompanying basic ideas regarding the systemic reform. The article introduces the composition of Seanad Éireann, the historical context of the development of both amendments, the context of attempts to implement them, failures in this regard and the consequences of this failure and includes a reflection on the future of the chamber and an indication of further attempts at its reform.
- Author:
Michał Klonowski
- Institution:
Uniwersytet Łódzki
- ORCID:
https://orcid.org/0000-0003-0226-6593
- Author:
Maciej Onasz
- Institution:
Uniwersytet Łódzki
- ORCID:
https://orcid.org/0000-0002-4062-1253
- Year of publication:
2024
- Source:
Show
- Pages:
43-67
- DOI Address:
https://doi.org/10.15804/athena.2024.81.03
- PDF:
apsp/81/apsp8103.pdf
The impact of the proposed changes to the system of local referenda on the position of local government authorities in Poland
The article is an attempt to assess the potential effects of the changes to the Local Referendum Act currently being processed by the Sejm of the 9th term, and proposed by the circles associated with the Kukiz’15 party. The authors focused on the changes concerning referenda on revoking the authority of a local government unit, with regard to: changing the number of signatures required to order a referendum from 10% to 5% (in the case of commune and poviat authorities) and from 5% to 2.5% (in the case of voivodship authorities) and lowering the referendum validity threshold to 15% (in the case of decision-making authorities), and 3/5 of the number of votes cast for the incumbent mayor/president of the city. The hypotheses of a significant facilitation in the organization of referenda and in the dismissal of both the legislative and executive authorities of the local government were verified.