Law

Polityka antyterrorystyczna jako dylemat demokracji liberalnej

Author: dr Marek Górka
Institution: Politechnika Koszalińska
Year of publication: 2017
Source: Show
Pages: 62-89
DOI Address: https://doi.org/10.15804/siip201704
PDF: siip/16/siip1604.pdf

Anti-terrorism policy as a dilemma of liberal democracy

Terrorism is harmful to democratic governments and societies. In addition to the visible and the direct effects of attacks on bystanders, aim bombers are undermining democratic values, including the weakening of confidence in state institutions and laws that regulate their functioning. As a result of the use of violence can permanently give birth to create a socio-political divisions, antagonize certain entities and groups, and thus provoke conflicts thus destroying the existing compromises, agreements or arrangements between the parties concerned. In matters of international terrorism it is not only a challenge for the rule of law, but because it also applies to relations between states, poses a serious threat to security and stability.

O podstawowych związkach prawa i diagnostyki edukacyjnej

Author: Łukasz Kierznowski
Institution: Uniwersytet w Białymstoku
Year of publication: 2018
Source: Show
Pages: 54-69
DOI Address: https://doi.org/10.15804/kie.2018.01.04
PDF: kie/119/kie11904.pdf

General legal position of an individual in terms of education is shaped by the norms of constitutional weight. Among them a special place is taken up by the principle of equal access to education, which is one of the guarantees of the right to education. In the author’s opinion, the above mentioned principle has a close relation to educational diagnostics, especially its normalized part, which is didactic measurement. Therefore, an extralegal element, which is the measurement (of its quality), has a significant influence on the legal position of an individual and determines the possibility to use one of the most fundamental rights. From the pedagogical perspective, the author proposes taking into account the legal environment in which educational diagnostics functions, and which – although roughly – he presents in the article, whereas from the legal perspective he points out to the necessity of taking into account the educational diagnostics’ conditioning in the evaluation process of implementing equal access to education.

The Polish-Chinese Economic Intensification in the Context of Legal Education: Selected Aspects

Author: Jakub Ali Farhan
Institution: University of Białystok, Poland
ORCID: https://orcid.org/0000-0002-3360-1553
Author: Marcin Łukowski
Institution: University of Białystok, Poland
ORCID: https://orcid.org/0000-0002-9819-6296
Author: Maciej Perkowski
Institution: University of Białystok, Poland
ORCID: https://orcid.org/0000-0002-3909-3967
Year of publication: 2018
Source: Show
Pages: 123-135
DOI Address: https://doi.org/10.15804/kie.2018.04.07
PDF: kie/122/kie12207.pdf

The One Belt One Road initiative and overall intensification of Polish-Chinese trade relations need to be reflected in the field of legal education. For this reason, the paper compares the legal education systems in Poland and China, as well as it presents the main goals of the One Belt One Road project, summarizing the mutual business environments and describing the main challenges associated with them. The Authors also attempt to outline potential directions to be followed in legal education in the context of potential benefits to be derived from the initiative and propose possible solutions to achieve this aim.

Ramy prawne funkcjonowania społeczności muzułmańskiej w Federacji Rosyjskiej

Author: Andrzej Stopczyński
Institution: Uniwersytet Łódzki
Year of publication: 2018
Source: Show
Pages: 5-22
DOI Address: https://doi.org/10.15804/so2018101
PDF: so/13/so1301.pdf

The legal framework for the functioning of Muslim community in the Russian Federation

At present, the Muslim community in the Russian Federation grows in importance and strength. The religious freedom, which came as a result of the democratic transformation that took place in the Russian Federation in the late 1980s and early 1990s opened the opportunity for its Muslim residents to develop their own culture, educational system and administrative structure. The freedom of religion was one of the most important elements of perestroika and one of the directions of Russia’s development following the transformation. Here, the freedom of religion can be considered as both an element of liberalization of the Soviet regime, and, after the break-up of the USSR, as a step towards democratization. The article aims to present the most important legal acts and documents that constitute the legal basis for the functioning of Muslims in the contemporary Russian Federation.

Reality and criticism of giftedness in the spanish education system

Author: Andrés J. Muñoz-Mohedano
Author: Miguel A. Martin-Sanchez
Year of publication: 2016
Source: Show
Pages: 137-145
DOI Address: https://doi.org/10.15804/tner.2016.43.1.11
PDF: tner/201601/tner20160111.pdf

The paper tries to be a  critical analysis of and a  theoretical reflection on minority students: gifted children in the Spanish education system. To carry out this study and achieve the objectives set up, we took into account a qualitative methodology, framed within the constructivist paradigm in the social sciences. Being a gifted child in Spain is a problem because gifted children are not being adequately addressed, as the Ministry of Education recognizes. An objective analysis of the current situation can become a way of changing it. In addition, we have to pay attention to the principles and rights of the awareness of diversity.

From Legal Awareness of the Contemporary Youth to Legal Culture of the Information Society

Author: Wioleta Danilewicz
Author: Tomasz Prymak
Year of publication: 2017
Source: Show
Pages: 131-143
DOI Address: https://doi.org/10.15804/kie.2017.02.09
PDF: kie/116/kie11609.pdf

The need for law education is indispensable in the individual and, as a consequence, social dimension. Its early initiation will “internalize” patterns of behaviour and response which will contribute to conscious functioning in society, and, as a result, building of a society of law. Therefore, one of the goals of the presented text is to indicate the fact that ignorantia iuris nocet. Such a conceptualization is preventive, prophylactic, and inhibitory. First and foremost, the purpose of addressing the issue is to show the need to raise legal awareness that builds legal culture of society, and improves the quality of life. The analysis of the results of the research conducted among schoolchildren aged 15-16 indicates that legal awareness of the young generation differentiates the frequency of behaviours contrary to social and legal standards-the higher legal awareness of young people is, the lower the level of particular problem behaviours in this group is. The paper also outlines recommendations on solutions that can be used to create future prevention programs aimed at building an aware information society and the high legal culture of its members.

Znaczenie podstawowych zasad Prawa Wyborczego w Polskiej Rzeczpospolitej Ludowej a III Rzeczpospolitej Polskiej

Author: Tomasz Kowalczyk
Year of publication: 2015
Source: Show
Pages: 225-247
DOI Address: https://doi.org/10.15804/hso150212
PDF: hso/9/hso912.pdf
License: This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution license CC BY-NC-ND 4.0.

Basic principles of electoral law in the Polish People’s Republic and the Third Polish Republic

This article presents a comparison of the principles of electoral law in the Polish People’s Republic and the Third Polish Republic: political deliberations pertaining to elections in a democratic system and an undemocratic (authoritarian) system. In theory, there were not major differences between the two. The paper does not analyse the very practice of elections.

Storie di emancipazione: Virginia Ramponi Andreini (1583-1631) dal suocero al marito

Author: Paola Besutti
Institution: Università degli Studi di Teramo
ORCID: https://orcid.org/0000-0002-5346-973X
Year of publication: 2019
Source: Show
Pages: 65-83
DOI Address: https://doi.org/10.15804/IW.2019.10.1.17
PDF: iw/10_2/iw10204.pdf

EMANCIPATION STORIES: VIRGINIA RAMPONI ANDREINI (1583-1631) FROM HER FATHER-IN-LAW TO HER HUSBAND

Numerous notarial deeds are kept in the State Archive of Mantua, involving some of the most famous comedians of the 17th century. Piermaria Cecchini (Frittellino); Francesco Andreini and his sons Domenico and Giacinto; Giovan Battista (Lelio) with his son Pietro Enrico; Tristano Martinelli; and others used notaries for wills, sales contracts, debt reduction, inventories of assets, and dowries. Some of these documents also involve the women of the Andreini family: Lavinia (sister Fulvia), Caterina (perhaps sister Clarastella), Virginia Ramponi Andreini (Florinda). In particular, an emancipation deed (1620) indirectly affected Virginia (Genoa, 1583? - before 17 November 1631), the first wife of Giovan Battista Andreini. On the basis of document analysis, two perspectives are explored: Virginia’s peculiar contribution to the activities of the family, also from an economic point of view; and the status of women with regards to emancipation, which must be understood from a legal point of view that was patriarchal and defensive of property. The article thus becomes an opportunity to reflect, starting from Virginia but gazing even beyond, on the condition of women who were active in the theatrical and musical world between jurisprudence, artistic professions, economic heritage, and daily life. In conclusion, through some selected examples (the concerto delle dame of Ferrara, Adriana Basile, Margherita Salicola, Antonia Merighi), the theme of emancipation throughout the 17th century is analysed, a period when women singers successfully populated the new operatic market. As the law remained unchanged, these women experimented with different strategies to protect their own person and assets.

Legal Regulation of Lobbying in Poland: Key Issues

Author: Rafał Willa
Institution: Nicolaus Copernicus University, Toruń
ORCID: https://orcid.org/0000-0002-1373-3823
Year of publication: 2020
Source: Show
Pages: 245-254
DOI Address: https://doi.org/10.15804/ppk.2020.05.18
PDF: ppk/57/ppk5718.pdf

What proves to be characteristic of the democratic system is the fact that it constantly witnesses various tensions between authorities, opposition, citizens, diverse legal subjects, advocacy groups, etc. Their disputes concern changing or upholding the existing legal environment, which is unavoidable in this case. This situation is not surprising or improper as lobbying understood in this way is an immanent, often useful part of the system. However, what may be puzzling is the fact that democratic political systems are characterized by the variety of attitudes adopted by authorities toward the practice - from pretending it does not exist (and thus requires no regulations) to implementing regulations of a highly general nature. Poland experiences both the practice itself and the attempts to legally regulate it. The aim of the article is to critically analyze the existing situation.

Dziecko ma swoje prawa

Author: Angelika Lenart
Institution: Katolicki Uniwersytet Lubelski Jana Pawła II
ORCID: https://orcid.org/0000-0002-4106-1518
Year of publication: 2020
Source: Show
Pages: 196-206
DOI Address: https://doi.org/10.15804/ksm20202013
PDF: ksm/26/ksm2613.pdf

One of the most important rights for every child is the right to family upbringing and physical and mental integrity. The basis for proper functioning in adult life are proper growth conditions enabling the youngest children to undergo intellectual and emotional development. The educational environment influences the later quality of life of a young person, which shapes the potential serving the whole society. The most important and most important legal act in Poland is the Constitution of the Republic of Poland 2nd of April 1997 together with ratified international agreements, laws and regulations, ensures the protection of children’s rights.

Law in “Times of Crisis” and Social Justice - General Remarks in the Era of COVID-19

Author: Krzysztof Wygoda
Institution: University of Wrocław
ORCID: https://orcid.org/0000-0002-0997-5512
Author: Dariusz Wasiak
Institution: WSB University in Wrocław
ORCID: https://orcid.org/0000-0001-6057-7475
Year of publication: 2020
Source: Show
Pages: 235-244
DOI Address: https://doi.org/10.15804/ppk.2020.06.19
PDF: ppk/58/ppk5819.pdf

The purpose of the article is to signal that actions aimed at implementing the principle of social justice (in the context of Article 2 of the Polish Constitution) require the legislator to consider a number of variables. It is particularly about the principle of equality and guaranteeing an appropriate level of security (including social security), as well as respect for acquired rights and trust in the state and law. Legislative actions that result in legitimate securitization of the law may of course lead to the limitation of the principle of social justice, as long as they take into account the objective needs of safety and health protection. The use of inadequate measures by the legislator or the creation of apparent threats and the related fear by the power apparatus will evoke a deep sense of injustice and lead to violent opposition from society.

Peaceful Ways of Solving International Disputes by the Mediation Method and Legal Security of State

Author: Marcin Jurgilewicz
Institution: Rzeszow University of Technology
ORCID: https://orcid.org/0000-0003-2243-2165
Year of publication: 2020
Source: Show
Pages: 317-329
DOI Address: https://doi.org/10.15804/ppk.2020.06.26
PDF: ppk/58/ppk5826.pdf

Nowadays, international disputes appear in the public space, which results, for example, from the fact that the needs are unlimited and the goods are limited. Due to its specific nature, the international environment requires a compromise between the entities operating in it. A desirable direction in case of conflicts between international entities is to resolve them by peaceful means. In the international environment, one of the largest international organizations - the United Nations - is of great significance, especially in the field of maintaining international order and peace. In turn, according to the provisions of the Charter of the United Nations, it is possible to resolve international disputes by peaceful means, and among the characteristic methods used in this type of proceedings is the mediation method, the effectiveness of which allows, in the long term, to maintain the desired state of peace, strengthening the legal security of the state.

Zmiany w strukturze centralnej administracji publicznej w świetle ustawy o krajowym systemie cyberbezpieczeństwa z 2018 r.

Author: Marzena Toumi
Institution: Akademia Sztuki Wojennej w Warszawie
ORCID: https://orcid.org/0000-0003-3838-1315
Year of publication: 2021
Source: Show
Pages: 325-339
DOI Address: https://doi.org/10.15804/ppk.2021.02.20
PDF: ppk/60/ppk6020.pdf

Changes in the Structure of the Central Public Administration in the Light of the Act on the National Cybersecurity System of 2018

The national security of Poland in the 21 st century is strongly influenced by the processes taking place in the contemporary global security environment. They are characterized by high dynamics and complexity of changes as well as the occurrence of asymmetrical threats, among which the most dangerous are threats in cyberspace. The functioning of the state and the implementation of their constitutional obligations are increasingly dependent on the development of modern technologies, the information society and the smooth functioning of cyberspace, which is largely dependent on the security of the ICT infrastructure enabling the use of cyberspace, information resources and services accumulated therein. thanks to it they function. Rapid progress in the field of digital technologies necessitates the effective use of the latest technologies while creating the opportunity for the Polish state to leave the role of only the user and join the group of countries with an effectively functioning digital economy, providing solutions and co-creating international standards. To meet these expectations, the President of the Republic of Poland signed the Act on the national cybersecurity system on 1 August 2018, implementing the Directive of the European Parliament and the Council (EU) into the Polish legal order regarding measures for a high common level of security of network and information systems in the territory of Union (Directive 2016/1148) – (the so-called NIS Directive).

Prawo do świadczeń z pomocy społecznej w świetle Konstytucji RP

Author: Sylwia Stecko
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0003-4136-0371
Year of publication: 2021
Source: Show
Pages: 357-371
DOI Address: https://doi.org/10.15804/ppk.2021.02.22
PDF: ppk/60/ppk6022.pdf

The right to social assistance benefits in the light of the Polish Constitution

This article discusses the right to social assistance benefits in the light of the Polish Constitution. Its purpose is to present the principles and legal norms directly related to this law. On the basis of the material contained therein, it can reasonably be assumed that among the values and norms specified in the Constitution and relating to the sphere of human social rights, human dignity deserves special attention, as well as the principle of subsidiarity, which are related to the issues of social assistance.

Wacław Komarnicki (1891–1954) – Socio-Political Views and Activities

Author: Witold Wojdyło
ORCID: https://orcid.org/0000-0003-4185-4777
Year of publication: 2020
Source: Show
Pages: 103-124
DOI Address: https://doi.org/10.15804/pbs.2020.05
PDF: pbs/8/pbs805.pdf

An in-depth analysis presented in this article concludes that the views and socio-political activities of Wacław Komarnicki were aimed at reasserting the Polish national interest and realizing the idea of the state of law associated with the rule of law. The analysis is based on archival and printed sources and selected literature on the subject. It required the use of appropriate research methods. The biographical method, in conjunction with the content analysis method, proved to be most helpful. Among the research techniques, the analysis of testimonies of political thought proved to be particularly useful.

Mass Migration as a Hybrid Threat? – A Legal Perspective

Author: Sascha-Dominik Dov Bachmann
Institution: Canberra Law School (Australia)
ORCID: https://orcid.org/0000-0002-8742-0766
Author: Anthony Paphiti
Institution: Former officer with the UK Army Legal Services (United Kingdom)
Published online: 30 June 2021
Final submission: 16 June 2021
Printed issue: December 2021
Source: Show
Page no: 27
Pages: 119-145
DOI Address: https://doi.org/10.15804/ppsy202122
PDF: ppsy/50/ppsy202122.pdf

Migration as a weapon sounds like a policy statement by resurgent nationalistic parties (and governments) in the West. However, politics and the human cost aside, what if an adversary (both state and non-state actor) does exploit the current global crisis of mass migration due to globalization, war, and political unrest? This article will look at the ongoing mass migration to the European Union within the wider security context of the so-called hybrid threats and/or ‘grey zone’ tactics. It looks at the various legal categories of migration as how the law can be weaponized as so-called ‘lawfare’ to undermine the existing legal frameworks distinguishing between legal and illegal migration. The authors recognize the possibility that this article will be used as an argument by the political actors involved for their nationalistic and anti-migration politics and policies. Yet, we believe that the potential of abusing the current vacuum for political gains along ideological party lines makes it necessary to provide a wider legal-security focused perspective on mass migration.

Pedagogika jako metafora ustrojodawstwa

Author: Piotr Szreniawski
Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
ORCID: https://orcid.org/0000-0002-3448-0298
Year of publication: 2021
Source: Show
Pages: 489-498
DOI Address: https://doi.org/10.15804/ppk.2021.05.38
PDF: ppk/63/ppk6338.pdf

Pedagogy as a metaphor for constitution-making

In the doctrine of constitutional law, metaphors appear in many analytic works. Pedagogy can be used as a metaphor for constitution-making because of many similarities between the teaching process and the formation of constitutional law. One should recognize the great role of learning in the process of creating legal regulations. The pedagogical impact of law includes influencing the behaviour of individuals and of the society.

Relativism in the Language of Law (on the Example of Legal Texts Concerning the Constitutionally Unregulated Human-Animal Relationship)

Author: Ewa Oronowicz-Kida
Institution: University of Rzeszów
ORCID: https://orcid.org/0000-0001-7646-2023
Author: Justyna Mika
Institution: University of Rzeszów
ORCID: https://orcid.org/0000-0002-8866-4738
Author: Agnieszka Myszka
Institution: University of Rzeszów
ORCID: https://orcid.org/0000-0002-1324-7948
Year of publication: 2021
Source: Show
Pages: 407-418
DOI Address: https://doi.org/10.15804/ppk.2021.06.32
PDF: ppk/64/ppk6432.pdf

The article covers the issue of anthropocentrically conditioned relativism characterizing the attitude of humans toward animals. The relativity of good and evil in this respect was viewed through the prism of selected legal texts. Linguistic examples were indicated (various parts of speech, expressions, substitutions, collocations) attesting to cases of normative consent to the violation of animal welfare, resulting, as it may be assumed, from the subject approach to them and subordinating human welfare to them. The need to give the issue of animal protection a constitutional rank was also expressed.

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