The present legal status of Transnistria neither seems to be obvious, nor distinctly determined. Its estimation in the context of the region’s statehood has been a subject of disputes of, and divides at the same time, the theorists of state, international lawyers, as well as experts in international relations and political sciences. The hereby paper is an attempt of making the analysis of the selected issues determining Transdniester’s status, first and foremost from the perspective of the theory of state and constitutional law, but also taking into account the international law point of view. It aims at finding an answer to the question on its legal and constitutional status as it is seen by both the unrecognized Transnistria’s state and Moldavia. The subject of the work contains the analysis of the elements of a state’s definition in the context of Transnistria. Moreover, it comprises considerations over the right of nations to self-determination and the problem of sovereignty as regards to the region. It also concentrates on the analysis of Transnistria’s status based on the Moldavian legislation, as well as different possibilities and opportunities/chances to solve the conflict lasting for almost thirty years.

The concept of national heritage in the light of constitutional regulations

National heritage is a constitutional value. It protects it, just like the independence of the Republic of Poland, in accordance with art. 5 of the Constitution. National heritage can be understood as a culture rooted in the Christian heritage of the nation. In this way, it captures the preamble or cultural heritage referred to in art. 6 par. 2 of the Constitution. This last concept seems to be an integral part of the national heritage. The national heritage can’t, as it was proved, be perceived as a heritage of the Polish ethnic nation, although the term “nation” used in the Constitution can be interpreted differently. In practice, the problem is also the status of the cultural heritage of national minorities and whether it is part of the Polish national heritage.

When we think of our understanding of the category of ‘the nation’, turning to the most important official document and source for which this category is central – namely, the constitution of the modern democratic state – could yield new insights into how the category of ‘nation’ could be understood and interpreted. No other document is focused on ‘the nation’ and/or ‘the people’ to such an extent and, likewise, no other act seems so dependent on a particular understanding of the term of ‘the nation’/‘the people’. In this study, I decided to analyze how specific constitutions of selected democratic states (particularly in Europe) choose to define the category of ‘the people’/‘the nation’, and why, providing contemporary explanations as well as exploring relevant historical background of how the understanding of this capital category came to be shaped. This perspective serves as lens through which I examine ‘the nation’ as a sociological and political category.

Reflections on the nation and the state in the Polish political thought

The paper provides an overview of mostly nineteenth-century concepts of nation and state, juxtaposed with sociological theories. It begins with the definitions of the basic concepts and their relations, along with the change in their meaning over time. The author presents also the origins, development of the Polish nation and state, comparing the description with sociological theories. Next, the Enlightenment, Romantic and positivist concepts of nation and state were presented together with views prevailing in particular currents of the Polish socio-political thought. According to the author, the idea of nation and state gradually crystallised in the Polish political thought, to take on suggestibility and become an essential component of social life, albeit this process occurred in a variety of ideological milieux, with its culminating phase at different points in history. The author emphasised the polymorphism of the idea of nation and state as well as a variety of contexts in which they may occur.

Roman Franciszek Rybarski (1887-1942) należał do wybitnych teoretyków i działaczy Narodowej Demokracji. Pozostawił szereg prac z zakresu ekonomii, prawa i polityki. Wśród tych ostatnich szczególne miejsce zajmują Naród, jednostka i klasa oraz Siła i prawo. Był prezesem Klubu Narodowego w Sejmie w latach 1928-1935 oraz przywódcą frakcji liberalnej zwanej grupą „starych” lub „profesorską” w Stronnictwie Narodowym. W artykule przedstawiono jego poglądy dotyczące problematyki ustrojowej. W pierwszym okresie istnienia niepodległej Rzeczypospolitej do 1922 r. Rybarski zdecydowanie opowiada się za ustrojem demokracji parlamentarnej i ideą państwa narodowego. Wybory 1922 r. i porażka w Zgromadzeniu Narodowym przy wyborze prezydenta Gabriela Narutowicza oraz tragiczne skutki jego śmierci powodują, że Rybarski, jak i inni działacze endeccy, dostrzegają że do niedawna tak bliski im parlamentaryzm staje się zgubny dla Polski. Rozpoczyna się jego krytyka, Rybarski podkreślał, że konstytucja doprowadza do krańcowości i absurdu zasadę rządów parlamentarnych. Niezadowolenie przeniosło się na wszystkie klasy i warstwy. Domagano się zmian, które stawały się koniecznością chwili.

The Nation as the Entity Limiting Itself in Its Rights and Freedoms. Sovereignty of the Nation as the Basis for Functioning of the Principle of Exclusivity of a Statute

The author writes about the relation between two constitutional principles: the sovereignty of the nation and the exclusivity of the statute, with the aim of checking whether the first one is not the basis for the functioning of the second one. Therefore, using the dogmatic, theoretical-legal and teleological methods, the author shows that, firstly, the Nation adopted the Constitution of the Republic of Poland, which allows to limit some human and citizen rights and freedoms by the statute, and then elected its representatives, who in the name, interest, and on the basis of the legitimation received from the Nation, statued such restrictions. That brought the author to the conclusion that in fact the Nation is the entity that limits itself in exercising its rights and freedoms.

The idea of identity and national consciousness are sociological and political concepts that are connected with normative acts, in particular with the Constitution. These concepts involve the problem of national and ethnic minorities. The sense of national identity is associated with a sense of belonging to the nation and it applies to individuals, has the character of a personal right, and is associated with identification with the national community. The material scope of national identity is difficult to determine; however, it contains access to widely understood cultural goods. The article 35 of the Constitution of the Republic of Poland draws attention to the components of national identity. This article lists freedom to preserve and develop one’s own language, to maintain customs and traditions, to develop one’s own culture, as well as the possibility of creating educational and cultural institutions for protection of religious identity. In the light of the analyzed views of doctrine, jurisprudence and international standards, it seems that there is no doubt that the concept of a nation in the Polish Constitution is not ethnic. Such an ethnic meaning may have the notion of a national minority.

New Zealand: idea of nation

New Zealand has been a nation of firsts and innovators of many occasions. Moreover, it has also been a leading nation for civil and humanitarian issues. Peter Fraser was eager to invite over seven hundred Polish children to the country during World War II to keep them safe from the threat. Modern world has been shaped by past experience, where apart from cultural heritage and people’s backgrounds or origins neoliberalism created new conditions in which people around the world struggle to live. Neo liberalism along with capitalism unifying our world have influenced the notion of common values for different people. Nation is one of such values. We are now in the 21st century and it seems that New Zealand is at the forefront of progress on global scale in terms of understanding the concept of nation in global conditions. It is common knowledge that New Zealand depends mostly on exports, does it mean that New Zealand must compete by nation–branding with others on the global market?

Jordan is an Arab state that commenced its existence in 1921 as the Emirate of Transjordan. Its establishment resulted from a political game between the British and prince Abdullah from the House of Hashemite. The only justification for a separate state with the capital in Amman was the reign of the Hashemites in this area. In 1991, during democratization of the kingdom’s political system, the Jordanian National Charter was proclaimed. This document summarized the postulates and opinions of the Jordanian society. The analysis of selected passages from the Charter indicates complete dominance of pan-Arab thought among the authors of the text. It is also necessary to indicate frailty of Jordanian identity, despite several decades of the state’s existence. The article indicates the abovementioned dependencies and the fact that the dynasty authority remains the primary aspect of distinctiveness.