- Author:
Izabela Niczyporuk
- E-mail:
izabela.niczyporuk@wp.pl
- Institution:
Uniwersytet w Białymstoku
- Year of publication:
2017
- Source:
Show
- Pages:
123-136
- DOI Address:
https://doi.org/10.15804/ppk.2017.01.06
- PDF:
ppk/35/ppk3506.pdf
The constitutional principle of the reliability and efficiency of public institutions in the case law of the Constitutional Court in the years 2006–2016
The article presents selected line of jurisprudence of the Constitutional Court with regard to judgments referring to the reliability and efficiency of public institutions. The principle indicated in its title was expressed by Polish constitutional lawmaker in the preamble to the Polish Constitution of 1997. In the introduction, there are identified various positions of doctrine regarding the normative character of the preamble. Due to the lack of a legal definition the author defines the concept of “fairness” and “efficiency”, and “the integrity of the state” and “the efficiency of the state”. This article in its essential part takes into account judgements of the Constitutional Tribunal issued in 2006–2016. Adopted timing is determined by the judgement oth the Tribunal passed in 2006, where the principle of fairness and efficiency has been called the “principle” and where the Court recognised its normative charcter. The judgments are discussed in chronological order. The aim of this article is to show the substantial meaning of the principle of fairness and efficiency of the state which was provided in discussed court cases. The idea is also to draw attention to the Introduction to the Constitution as its important part.
- Author:
Anna Młynarska-Sobaczewska
- Institution:
Polska Akademia Nauk
- Year of publication:
2014
- Source:
Show
- Pages:
233-250
- DOI Address:
https://doi.org/10.15804/ppk.2014.02.14
- PDF:
ppk/18/ppk1814.pdf
Normative collective memory in preambles to constitution of post-communist states
Preambles are parts of constitutions, which are visibly neglected in legal theory and constitutional law. They are defined as solemn introductions to constitutions, which indicate the sovereign, historical and political context of increasing the new constitutional order, main aims and principles – the foundation of constitution. Such elements are also commonly apparent in most of post-communist constitutions of European states. The article shows the integrative function of these preambles, achieved by using clauses creating and maintaining the identity of political community. The clauses with this function are identified as: statements regarding national and cultural heritage and fundamental principles of community. The article investigates these elements in preambles texts of post-communist constitutions and indicates their role as tending to create the national identity.
- Author:
Grzegorz Maroń
- E-mail:
gmaron@ur.edu.pl
- Institution:
Rzeszow Uniwersity
- ORCID:
https://orcid.org/0000-0002-3861-9103
- Year of publication:
2023
- Source:
Show
- Pages:
259-271
- DOI Address:
https://doi.org/10.15804/ppk.2023.02.19
- PDF:
ppk/72/ppk7219.pdf
The subject of the article is a reference to beauty in the preamble to the Constitution of the Republic of Poland of 1997. First, the legislative history of the fragment of the introduction to the Constitution, which constitutes beauty as a universal value, has been presented. Then it has been interpreted, taking the position that the constitutional concept of beauty is not only an aesthetic category but also an ethical category. Finally, a study of jurisprudence and normative acts has allowed to define the scope of beauty operationalization as a constitutional value. Critical reference has been made to the state of affairs in which beauty, being an element of constitutional axiology, plays a barely noticeable role in the practice of creating and applying Polish law.
- Author:
Katarzyna Doliwa
- E-mail:
kdoliwa@uwb.edu.pl
- Institution:
University of Białystok
- ORCID:
https://orcid.org/0000-0001-8583-8379
- Year of publication:
2023
- Source:
Show
- Pages:
367-376
- DOI Address:
https://doi.org/10.15804/ppk.2023.06.26
- PDF:
ppk/76/ppk7626.pdf
The object and purpose of this paper is to reflect on the linguistic form of the preamble to the current Constitution of the Republic of Poland. Like all preambles, it has a specific form that is clearly different from ordinary texts formulated in the language of the law, and as a result, its normative character is sometimes questioned in the doctrine. The text of the preamble performs a number of functions: descriptive, expressive, impressionistic, as well as performative (causal), and poetic, and can be analyzed through the lens of each of them. Thus, the analysis of the preamble differs from that of a typical utterance formulated in the language of the law.