Hungarian constitutional system has a number of characteristics, including division of power. This is a result atypical evolution of the political system in Hungary after 1989. Most of the countries of Central and Eastern made a thorough reconstruction of the political system in the nineties of the twentieth century, many constitutions were adopted in 1991–1994. Otherwise had done Hungarians, making a 1989 amendment to the Constitution of 1949. and the adoption of a new constitution putting off indefinitely. Completely new Fundamental Law was adopted only in 2011., in force since 1 January 2012. It introduced in the Hungarian constitutional system significant changes, modifying the way the principle the division of powers. The changes seem to be rational, and therefore to be expected that the Hungarian model finds followers.

In a situation of uniformity of President’s political orientation, of parliamentary majority which means the government, statutory veto motivated by a difference in a substantial evaluation of acts ceases to operate. In such a situation a task to curb the legislative must reside exclusively in the judiciary, thus in particular in the Constitutional Tribunal. In order to fulfil this task effectively the constitutional tribunal must be free from an allegation that its jurisdiction is motivated by anything else than compatibility with the constitution. From this point of view a way in which judges of the Tribunal are appointed has the key meaning. The issue consists in how to free the composition of the Tribunal from the political system existing in parliament.

Place of the Senate in the political order of Romania-a system analysis

The article concerns the Senate, – the upper chamber of the Romanian Parliament. It shows legal and political environment in which it was restored after almost 50 years. The paper describes entire electoral procedure including how candidates for deputies are chosen. In addition, Senate’s competence in influencing the executive and judiciary and its activities on the international arena are being discussed. Role of the upper chamber in legislative process is being analyzed with emphasis on it’s control and creation function. The conclusion is that there is a symmetrical bicameral model in the Romanian parliament.

Prime Minister in contemporary political systems

Accepting the separation of powers as a basis for existence of contemporary countries caused the distinction of the executive power. This article, devoted to the executive, presents in detail the model solutions of that power (monocratic; dualistic together with its branches; departmental and directorial). Most of the article is devoted to the position of the Prime Minister in contemporary political model.

Disciplinary Responsibility of a Disciplinary Spokesman for Breach of Judicial Independence

The following article comprises an analysis of the basis and scope of disciplinary liability of a disciplinary spokesman for breach of judicial independence. It indicates the inherent interdependence between judicial disciplinary liability and the constitutionally protected principle of independence. The author believes that a separate judicial disciplinary liability constitutes one of the guarantees of independence. The protection of independence is further enhanced by the autonomy of the disciplinary proceedings and the means of determining the basis for such liability, the limits of which are delineated by independence. Nevertheless, it serves to outline the spokesman’s competences and thus the scope of legal acts. Abuse of the aforementioned competences in this regard is equal to an abuse of independence. What is more, the commentary sets out to introduce a two-tier understanding of the notion of abuse of independence, that is internal and external breaches. Under the current law, it is impossible for a spokesman to be in breach of independence, for he does not boast one. However, a spokesman can undertake to externally abuse another party’s - i.a. a judge’s - independence. Such abuse can be caused by non-adherence to the established limits of judicial disciplinary liability. Under such circumstances, a spokesman is in breach of his competences, which is subsequently reflected in a material violation of judicial independence. The bases of disciplinary liability of a disciplinary spokesman are set forth in the provisions pertaining to the disciplinary liability of the judiciary and the prosecution. Hence, a disciplinary spokesman’s liability is a sub-type of the general disciplinary liability of the judge (or prosecutor) who serves as a spokesman.

The government legislative process as proof of the fictitious division of powers in Poland

The article is devoted to the analysis of the government’s legislative process in the context of Poland’s political regime conditions. The purpose of this article is to draw attention to the specifics of the government’s legislative process and explain its significant drawbacks. The author tries to show that the transparency of the legislation has been disturbed and that, in this context, there is a deformation of the separation of powers. Government and parliamentary centres interpenetrate each other, and the observed functional unity of the executive and legislative authorities, which proves a secure management method, causes the prevailing legislative discourse to be illusory essentially. It does not strengthen the quality of the law being created in Poland. Unfortunately, the observation of negative phenomena after the 2015 elections confirms these trends.

Law is a social construction. It focuses on the regulation of social relations. The interpretation of legal rules is constantly adapting to the social context. On the other side, the law code strongly influences society’s development, determining the future social context. The Constitution, within the understanding of basic law in any country, is one of the basic legal determinants of the future social context of any country. The Constitution affects the form and the content of the future accepted legal determiners and their interpretation. The regulation of social relations by the legal code is about the human effort to achieve insurance in this uncertain world. This effort might bring the result respecting that humanity has not invented anything more effective yet. Any state and transnational community create own superparadigm - the identical worldview of the society. Regarding the changes of the social context, with no respect to its reason, there comes logically a change of social superparadigm. The Constitution responds to it as well as there are the activities of the courts, having the rights of constitutionality defenders.

The Division of Power in the Republic of Cyprus Between the Greek and Turkish Communities as a Constitutional Response of the State to its Ethnic Structure

The ethnic structure of the state is one of the factors that can shape its system and result in the adoption of various specific legal mechanisms. The aim of this article is to present, on the example of the Republic of Cyprus, an unusual legal system solution consisting in the proportional division of power, i.e. positions and offices in the state, between the dominant ethnic groups. The analysis will concern selected provisions of the Constitution of the Republic of Cyprus, which refer to the Greek and Turkish communities living in Cyprus and regulate the level and manner of their participation in exercising power in the state. The uniqueness of the constitutional solutions adopted in Cyprus will be emphasized, which, in order to ensure the unity of the state and constitute significant guarantees for ethnic groups, may in practice, however, turn out to be non- -functional or lead to distortions.

The Influence of the Constitutional Principle of Subsidiarity on the Shape and Functioning of Local Government

In the contemporary literature on the subject, there is no doubt that local government performs tasks of a public nature. It is also acceptable for the local government to use legal instruments typical of the state authority. However, the issue of the principle of division of powers between the state and local government is disputed. If the existence of a local government equipped with its own, independently performed scope of tasks and responsibilities has been recognized as a legal principle of constitutional rank, then the division of tasks cannot be made in an optimal way only between separate state authorities (this is the so-called horizontal separation of powers). This division should be “vertical”, i.e. by allowing other non-state entities, mainly local governments, to perform state functions. Both the doctrine and the European community use the principle of subsidiarity when resolving the problem of separation of powers.

równowagaThe aim of this paper is the structuralist study of constitutional law teaching: the organization of constitutional law based on the three foundations of neoconstitutionalism. The systemic vision of the legal system involves not only perceiving the Law as a whole but visualizing all this from a fundamental law that serves as an interpretive basis. It’s conceived that constitutional law, in a broad sense, encompasses constitutional theory and constitutional law. It’s subdivided into separation of powers, balance between powers, and guarantee of rights. All other themes, in this regard, would derive from these three bases. It involves the organization of powers, control of constitutionality, and fundamental rights. Thus, for example, the study of the organization of each of the powers, the control of constitutionality and fundamental rights, correspondingly. This format allows a holistic view of constitutional law and the constitutions.