- Year of publication: 2011
- Source: Show
- Pages: 282-285
- DOI Address: -
Lot and ballot are alternatives forms of the election. In the ancient democracy the first possibility was more popular as better because is independent from the people’s emotions. So Aristotle and Montesquieu represent the constant view that ballot is typical for aristocracy and lot for democracy. The both incarnations of election we can find in medieval Italian city-states as Venice or Firenze, but Great French Revolution changes the democratical paradigm in the direction of victory of balloting as practical almost unique variant of election in the modern both socialist and liberal democracies. In our times lot exists in electional procedures sporadically, for example in the situation of the equal quantity of voices given for two or more candidates. In such situation the creators of law, also in Poland, accept the possibility of using lot in the character of aiding, also evidently non substantial, procedure in the modern democracy
This article presents in summary form the constitutional courts in units of selected federal states. Four examples are discussed in more detail: the United States of America, the Federal Republic of Germany, the Russian Federation and the Swiss Confederation. This article draws attention to the origin and development of constitutional adjudication in the federal units, then briefly discusses the organization and powers of constitutional courts, as well as identifies key areas of activity and grounds of the decisions/trends in the decisions. The article ends with the conclusion that the existence of constitutional judiciary at the level of the federal units is an important confirmation of their independence and a substantial guarantee of the normative character of their constitutions. Subnational constitutional courts operate too in many others federal countries.
The article regards to the problem related to the rules that constitutional proceedings based on. Firstly the author describes elements of the contradictory rule in civil law proceedings. It is mentioned that the rule consists of four components: 1) litigious of a case; 2) a plaintiff is suppose to proof their demands; 3) the rule of procedural truth predominates upon the rule of objective truth; 4) protection of individual and private interests. In this part of the analysis the investigatory rule of courts proceedings is presented as the rule that is placed in the opposition to the contradictory rule. The author describes relationship between these two basic procedural rules. In the second part of the article the author focuses on elements of the contradictory rule in Tribunal Court proceedings. He points that this procedure doesn’t have litigious character, that the rule of objective truth is the most important, and the whole procedure is concerned on protection of public interests. These elements are characteristic to court procedures based on the investigative rule. In summary the author indicates that components that are characteristic to the contradictory rule generally do not occur in Tribunal Constitutional proceedings. He finds that the investigatory rule has got basic importance in this procedure.
The subject of this analysis is the access of judicial assessors to classified information. The problem is shown in the context of the participation of judicial assessors – on a par with judges – in solving legal conflicts. The author also describes the legal consequences resulting from it.
The paper discusses the role of the judiciary in relation to political parties in Poland. Primarily, it deals with the statutory right of the judiciary, i.e. the right to exercise control over political parties. The Author’s major concern is to emphasize the particular role played by the Constitutional Court whose responsibility is to control whether the rule of political pluralism is complied with. Additionally, the paper discusses the responsibilities of the Supreme Court and the District Court in Warsaw (Sąd Okręgowy w Warszawie) which maintains the register of political parties. Those responsibilities are particularly important as far as the procedure to register a political party is concerned. The text also includes a large number of relevant court decisions.
The article concentrates on issues of the State Tribunal in contemporary political order of the Republic of Poland. In the beginning there was explained the place of the State Tribunal in the system of separated powers. Next, applying the legal-historical method there was reconstructed its model in Polish political regulations, starting from the Constitution on 17 March 1921. Hereinafter there was made analysis of the contemporary position and competence of that State Tribunal and who can be the subject to his cognition. There was distinguished a constitutional and disciplinary responsibility, clarifying the being and premises for each of them. On the basis of made arrangements there was taken an attempt of evaluation of the contemporary constitutional regulation, formulating appropriate conclusions de lege ferenda.
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.
The basis for National Assembly work and its Constitutional Commission over the Constitution of the Republic of Poland passed on 2 April, 1997, was 7 Constitution Projects. Legal regulations included in those projects concerning the Prime Minister were the foundation for the process of forming the final Constitution regulations placing the Prime Minister. The analysis of those regulations should not be conducted without taking into consideration the solution of projects concerning the government as well as the model of executive power. Remarks concerning the government and the executive power may become reduced to general conception because that issue has already been analyzed in detail.
© 2017 Adam Marszałek Publishing House. All rights reserved.
Projekt i wykonanie Pollyart