Election of Constitutional Judges. The comparative analysis of Polish regulation

The article focuses on whole scope of election of constitutional judges. Topic includes requirements which should be meet by member of Constitutional Tribunal in european legal culture as well as an comparative analysis of election by entitled authority. The most important reason of fundamental significance of this process is power of constitutional court, mainly review of conformity with the fundamental Law. That is why, entitlements to elect constitutional court justice is so relevant for political and of course legal system.

Monarchy by the Will of Nation: the Legitimacy, Abolishment,  Restoration and Adjustment of  the Monarchical System by means  of a Referendum in the Contemporary Political Practice (1944–2011)

Subject matter of this article draws our attention to cases of using the democratic institutions in a monarchical system, especially – referendum. It is worth a closer look at the role played by referendum in the history of monarchical system of government. The article presents a broad research material. The study material covers the period from the end of World War II because of the enormous importance of this global conflict for the history of constitutionalism. An exception was made for events in Iceland. A referendum was held there in 1944. Although the war lasted, the result had a decisive influence on the form of the state in the postwar period. All other referendums described in the article took place after the war. During this period, 22 referendums related to the monarchy were held. In some countries for two (Maldives, Sikkim), and even three times (Greece). The presented research material has prompted the author to ask several questions: „what were the main factors that determined the success or failure of referendums on the removal or restoration of the monarchy”, „Has a referendum in the monarchy completely different or the same function as in the republics: „If traditional classification of referendums include those held in monarchies or they require a broadending of separate categories”. The author gives answers to these questions.

W niniejszym artykule autor przedstawia problem kryzysu legitymizacyjnego współczesnej demokracji. Dane empiryczne wskazują, że obywatele wielu skonsolidowanych demokracji stają się dzisiaj coraz bardziej nieufni (cyniczni) wobec wartości, jaką jest demokratyczny system polityczny. Okazuje się, że problem ten dotyczy dzisiaj młodszych pokoleń obywateli. Autor próbuje odpowiedzieć na pytanie o to, jak młodzi ludzie (studenci) postrzegają i oceniają system polityczny w Polsce, także stara się przedstawić szerszy społeczny kontekst legitymizacji demokracji. Dlatego też analizuje związek pomiędzy preferowanym modelem władzy a poglądami na skali przekonań autorytarnych/demokratycznych.

Barries for consolidaton of local democracy: presentism and recentivism

Constructing collective identity is one of the most crucial challenge for political power which seek legitimization. Pursuing such aim political actors choose different tools due to theirs ideological affiliation and political roots. One may observe in local Poland that depoliticization process play its role. This have a great impact on local communities. That is why local political elites make barriers for disputing history by using two techniques: presentism (is the view that neither the future nor the past exist – past times must meet present political requirements) and recentivism (only present time exist). Such practice of political power makes barriers for consolidation of democracy.

Birthday Anniversaries of the Veterans of Communist Party of China in the Internal Politics of the People’s Republic of China

This article analyses functions of birthday commemoration of veterans of Communist Party of China. Content analyses of official ceremonial speeches and case study was applied to research ceremonies of 120th anniversary of Mao Zedong birthday and 100th anniversary of Xi Zhongxun, Hu Yaobang and Liu Huaqing birthdays. The study is based on Maurice Halbwachs’s concept of collective memory. The results shows legitimizing function of those events – both of party rule over China and Xi Jinping leadership in the party.

The aim of the article is to present the concept of legitimacy of power throughout history in philosophical, political, and legal thought. Particular attention is paid to confronting political and sociological views, which place emphasis on the social reception and acceptance of power, with the concepts of lawyers, for whom formal aspects are more important. The author also introduces the English-speaking reader to a different way of understanding the term ‘legitimacy of power’ among Polish researchers, which is a result not only of their original scientific concepts, but also of semantic differences between the term itself in Polish and English.

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”.

Legitimization Of The European Union’s Supranational Political Power In The Perspective Of Selected Theories Of European Integration

The aim of this paper is to seek a theoretical framework for explaining the sources of legitimacy of EU political power. The research problem concerns the establishing of the sources of legitimacy of the EU political system, depending on the implemented theories of European integration. The research process uses selected theories of European integration: intergovernmental theory, neo-functionalism and constructivism, which point to diverse sources of legitimacy of supranational political power. These include: the will and interests of sovereign states, the high efficiency and effectiveness of supranational political power in achieving the goals of various interest groups, and social norms and values. The analysis carried out enabled a positive verification of the research hypothesis on the diverse origins of the legitimacy of EU supranational power, justified within the framework of selected theories of European integration.

The Remembrance Policy in Poland: the System Between the Constitutional Obligation and the Instrumentalization of Law

The paper analyzes relations between the law and the system of politics of memory in Poland, integrating legal and political research. The main objective is a discussion of co-dependencies between the law – including the constitutional law – and the government’s involvement in the politics of memory. The paper summarizes the legal status, the remembrance system’s formal framework and political decisions executing the constitutional obligation of commemorating the past. Considering the complexity of the remembrance policy system in Poland, its foundation in the legal system, and the dynamics of policymaking, the Authors present that the seeming servitude of law to politics is an apparent complex interdependence based on the constitutional bases of memory politics.

The Category of “Legitimation” in the Jurisprudence of the Constitutional Tribunal – Constructive Semantic Conditions

This paper aims to analyze the Constitutional Tribunal’s (CT) jurisprudence regarding the term “legitimation” to reconstruct its definition and compare it with its lexical meaning. Despite its varied use across multiple contexts, the jurisprudence lacks a uniform definition of legitimation. This situation necessitates reliance on diverse semantic intuitions. A doctrinal-legal method combined with logical-linguistic analysis was employed, analyzing 100 CT rulings that used the term “legitimation”. The CT’s jurisprudence shows that the application of the term is not limited to legal legitimacy but also includes broader contexts such as social perception, alignment with the values of the legal system, or the sovereign’s will. It is used in contexts that align with previous lexical findings, suggesting that legitimation can be viewed both as a state and a process. The analysis confirms the need for a terminological distinction, which could help organize discourse around this concept.