Preventive Control of the Compliance of Laws with the Constitution – the Effectiveness of the Instrument in the Light of Legal Assumptions and Practice

The author analyzes competence of the President to initiate a preventive constitutional review and the legislative veto. The Constitution does not exclude the use of a veto if President has doubts as to the constitutionality of the act. He describes the Polish systemic practice preventive control more specifically indicates the specific actions of the current President, the subject of initiatives and judgments of the Tribunal. In conclusion author recognizes disadvantage of regulating the preventive constitutional review of statutes: there are no temporal rigors for proceedings before the Constitutional Tribunal. Practical preventive initiatives of the President concerned important issues and usually had a positive effect although the Tribunal sometimes adjudicated in these cases with considerable delay or groundlessly discontinued the proceedings. In systemic practice, the President’s legislative veto is a more effective instrument. A choice of measure of eliminating a “constitutionally suspicious” act, depends only on the President’s decision.

This article systematises procedures for dismissing a Head of State in the countries of South America. We look at the genesis of introducing impeachment to the constitutions of countries in this part of the world, paying close attention to the specific historical background of the Western Hemisphere, then focusing on the categorization and systematisation of the procedure itself. We present three models of the presidential impeachment in South America: Judicial, Bicameral and Unicameral. Using a contextual approach, doctrinal research, comparative method and theory-building strategy, we discuss the general features of these models and the specificities of use in each country of the continent.

This paper aims to explore the correlation between rhetoric, political views, and actions and how the construction of utterances conveys ideological meaning. Specifically, I examine the nature of rhetoric, its structure, and its impact on the overall tone of an utterance. The analysis reveals that rhetorical devices can manipulate and create messages promoting segregation and discrimination. To illustrate this, I focus on D. Trump’s statements, particularly his use of Twitter to communicate. I analyze his selection of vocabulary and figures of speech, demonstrating his use of hate speech and misogynistic and racist thoughts. Drawing on the work of prominent linguists such as T. Van Dijk, R. Harris, and M. Reisigl, I examine the rhetorical devices used by Trump and their influence on the overall message conveyed. I support the analysis with press publications, articles, and books that provide further insight into Trump’s language use. The conclusions summarize my findings and emphasize the link between rhetoric and political actions and views.

The Syntactic and Chronological Structure of the Article 10 section 2 of the Constitution and Voting Legitimacy of Governments of the President of the Republic of Poland

The subject of the foregoing considerations will be the adequacy of constitutional and political competences of the President to the investiture method of a given person assigned to act in this office. Political and legal view of this issue will comprise, in particular, reflection on the division of powers, the impact that citizens may have on the state, the analysis of relations between entitlements and elections, as well as the study of opinions in the referred scope. The aspects of the states of emergency have been omitted here. In the article uses formal-dogmatic, comparative, and historical method. The aim of limiting the President’s influence on politics is to maintain state balance. However, according to the syntactic and chronological construction of the Art. 10 sec. 2 of the Constitution, the institution of the President should be strengthened so that it would be a real organ of the „first place”.

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.

Presidential Re-election in the Political System of the Italian Republic. From Theory to Practice

The Constitution of the Italian Republic, in the section devoted to the head of state, does not refer anywhere to the issue of re-election or term limits. From the beginning of the Italian Republic, the debate on this issue was theoretical in nature, until 2013. Then, for the first time in history, a sitting president was elected for another term. The situation took place again in 2022. These events resulted in the transfer of the topic of re-election from a theoretical to a practical one, being perceived as a real tool in the hands of the electors. The aim of this work was to examine the issue of presidential re-election in the Italian political system. Legal and political analysis has shown that the presidential re-election, which for years was perceived in Italy as an undesirable solution, ultimately contributed twice to the stabilization of the Italian political system.

Functions of the President of the Republic of Poland in Connection with Poland’s Membership in the European Union

The article aims to analyze the functions of the President of the Republic of Poland in connection with Poland’s membership in the EU. The discussed issues are important due to the dynamic nature of this process and the federalist tendencies in the EU. They cause that the issues of compliance of the deepening of the European integration process with the constitution and issues related to the increasingly significant scope of the integration process in the context of the sovereignty of nation states become particularly important. Therefore, the role of the President of the Republic of Poland in this process, as the guardian of the constitution and state sovereignty, requires analysis. The Republic of Poland’s membership in the European Union makes it necessary to take a new look not only at the system of government but also at the tasks of the executive branch.

Prerogatives of the President of the Republic of Poland and His Scope Discretionary Power to Appoint Judges

The thesis analyses the extent of the Polish President’s discretionary power to appoint judges. The starting point for the discussion is an examination of the origins of the term prerogative and its appearance in Polish literature, followed by an analysis of the constitutional position of the President of the Republic of Poland in the powers’ system. The paper posits two theses. The understanding of prerogatives in Polish legal science fundamentally differs from that of the British term Royal Prerogatives. The constitutional model of the President’s position in Art. 126 of the Constitution assumes an active presidency. Although the President is not entitled to conduct the affairs of the State, as the head of State, using his powers, he performs the functions of the Constitution’s guardian and the arbiter as a guarantor of the continuity of State authority.