- Author:
Łukasz Buczkowski
- E-mail:
lxb@wp.pl
- Institution:
Łomża State University of Applied Sciences
- Year of publication:
2017
- Source:
Show
- Pages:
253-282
- DOI Address:
https://doi.org/10.15804/ppk.2017.06.16
- PDF:
ppk/40/ppk4016.pdf
The purpose of the article is to compare the theoretical basis of representation with the real relations between the representative and the collectivity, as practiced in the functioning of the representative government. In the first part, the author focuses on explaining the modern understanding of representative democracy against the background of the classic theory of representation; the second part is devoted to the presentation of the legal aspect of the representative mandate, considering the transformation of the discussed institution in the context of European and Polish constitutional law. The third part is to present the discrepancies between the legal construction of representation and political and systemic practice of its functioning, together with an indication of the reasons for this gap. The relations between the mandate holder and the voters, and the internal system of relations between the representatives and their political groups of origin have been analysed.
- Author:
Edoardo C. Raffiotta
- Institution:
Bologna University
- Year of publication:
2012
- Source:
Show
- Pages:
17-30
- DOI Address:
https://doi.org/10.15804/ppk.2012.02.01
- PDF:
ppk/10/ppk1001.pdf
The article describes the institutions that the European Community Treaties, yesterday, and the Treaty of Lisbon, today, introduced in order to strengthen democracy in the European institutions, promoting the connection between rulers and ruled. The study concludes that, in the current context, the European Union democratic strengthening seems to pass through the introduction of institutions that - in addition to promoting democratic representation - are able to allow the participation of citizens in taking policy decisions, implementing the participatory democratic model. In this sense, a positive example, according to the Treaty of Lisbon, is the introduction of the legislative initiative proposed by the EU citizens (art. 11, paragraph 4 of the EU Treaty, and Article 24 of TFEU). Actually, such provision has to be considered as a significant "step forward" toward the democratic strengthening: it is an institution that allows citizens to participate in one of the most important functions of the EU, i.e. the legislative function. Even more important, as it refers to the initiative stage. Therefore, it permits European citizens to stimulate the European action in areas which peoples of Europe feel highly important.
- Author:
Grzegorz Kryszeń
- Institution:
Uniwersytet w Białymstoku
- Year of publication:
2014
- Source:
Show
- Pages:
155-185
- DOI Address:
https://doi.org/10.15804/ppk.2014.02.11
- PDF:
ppk/18/ppk1811.pdf
Constitutional forms of the nation’s activity in exercise of public authority
Constitutional forms of the nation’s activity in the process of executing public authority The aim of the paper is to present a complete and consistent classification of forms of activity of the nation as the collective subject of sovereign authority in the process of exercising public authority stipulated in the Constitution of the Republic of Poland of 2nd April 1997. The proposed typology of these forms is based on the uniform criterion – the legal effect of the formulated will of the community. Using this criterion leads to isolating two main dimensions of the above-mentioned activity of the nation. In the first of them, the nation acts as the actual sovereign and consequently, their acts of will have an absolutely decisive character. This occurs when – in accordance with Article 4 section 2 of the Constitution – the nation „exercises such power directly or through their representatives”, which means within the framework of so-called representative democracy (particularly electing their representatives and calling the previous mandataries to account for their achievements in the finishing term of office by means of the next election, and in the case of territorial selfgovernment bodies, also by means of the institution of revocability), or „directly” (by way of a referendum). All the other forms of social activity provided for in the Constitution of the Republic of Poland and otherwise involve the cooperation of citizens and groups of citizens in executing power by public authority bodies, both representative and non-representative ones. Due to their consultative power or merely inspirational character, they can be collectively referred to as „expressing opinions and providing inspiration in the matter of exercising public authority”.