- Year of publication: 2012
- Source: Show
- Pages: 5-10
- DOI Address: -
The paper discusses the patterns and some details of the Constitutional Act of 19th February 1947 on the system and scope of activity of the supreme organs of the Republic of Poland, which is also called the Small Constitution of 1947. The Small Constitution being a 65 year – old law is still under the historians and constitutional law scholars scrutiny and appraisal. In the light of certain studies it seems that this Act, previously read as an attempt to combine traditional democratic principles with the newly adopted communist rules of government, was more facade and a pretense than a true democratic device. It adopted the separation of powers principle and parliamentary rule (the parliamentary cabinet model). Despite the fact that the Small Constitution incorporated many provisions directly from the March Constitution of 1921, the scope of their legal and practical modification led to their distortion. The position and competences of the Legislative Sejm, the President, and the newly established Council of State were inconsistent with the separation of powers and the parliamentary system of government, as well. The detailed responsibilities of the Sejm, Council of State, the President opened the way to adoption of Soviet Union model of government. Thus, the role of the Small Constitution was to legitimize a communist authority and not to limit its powers. The same is true when we focus on the citizens rights and freedoms. The Declaration of realization of citizen rights and freedoms of February 22nd 1947 did not create the legal standards and guaranties of individual freedoms and rights. On the contrary, the constitutional status of individual was the result of current legislation. Under the rule of the Small Constitution, because of its temporary and incomplete nature, the “new authority” paved the way to enactment of the Constitution of 1952 modeled after the Stalin constitution.
The presented publication is an attempt to determine, from the perspective of the financial and constitutional law at the same time, the basic place and role that the budget act has in the political system of the Republic of Poland. The budget act is one of the most important programme documents of the state, on the basis of which the government manages the financial economy in a large measure. The Cabinet of the Republic of Poland, together with its ministers, is politically responsible for drawing up the budget bill, submitting it to the Sejm promptly and – after the budget year commences – executing the regulations after passing the bill, and finally reporting on how the regulations were executed. Difficulties and doubts that arise when concerning the budget procedure and carrying out the duty of the Cabinet to submit the budget bill in a given time limit are due to the fact that this deadline coincides with the parliamentary election, which could cause a possible change in the line-up in politics and, consequently, in the government. The existing legislature does not entirely eliminate (however, through the so-called emergency procedures, it does considerably minimise the risk of) a situation when, although the budget year commences, neither the state budget nor its normatively acceptable substitute is passed. It seems advisable to implement constitutional and statutory regulations that would be the solution to the lack of the normative fundamentals to carry out the financial policy of the state and eliminate the situation of the so-called budget void.
The Banner of the Republic of Poland established in August 1919 was asignated to the Chief of State and afterwards to the President of the Republic of Poland. It was also used during momentous state ceremonies. The Banner of the Republic of Poland established on the 27th December 1927 was used ex¬clusively by the President of the Republic of Poland – with the exception of the funeral of Józef Piłsudski when it covered the marshal’s coffin. The banner was taken away to London in 1939 by President Ignacy Mościcki. It was used by the emigre presidents between 1945 and 1990. It was conveyed to President Lech Wałęsa on the 22nd December 1990 by the last emigre president, Ryszard Kaczorowski. Under the communist regime in Poland the flag of the head of the state was used. It was a banner based on the banner of 1927, though without a crown on ea¬gle’s head. It was introduced without any legal regulations. During President Bolesław Bierut’s term of Office it flew over his headquarter. It was officially abolished in 1955, though later on it was used by the prime minister and by the president of the State Council in the 60’s. In post-communist Poland a new flag was established, the present pattern of the coat of arms is consistent with that of 1989, though the crown was returned to the eagle’s head. Similar alterations affected the military flags and other special flags. One of the special flags is the Pennant of the President of the Republic of Poland, the pattern of which was defined in January 1996.
Article describes the constitutional principle of equal rights and equality before the law in relation to the legal regulation adopted by the Law on access to economic and business data exchange. The solutions are normative problem of the investigation and recording of claims in relation to natural and legal persons shall be indicated on the regularization inequality within the same category of entities that are creditors. The author of the example of regulating the conduct of debtors’ register shows the legal unreasonable preference to legal persons and natural persons conducting economic activity relative to individuals not conducting business. The legislature preferential treatment by creditors operating freely in business, who claims to be registered do not need to obtain an enforcement order confirming the existence and enforceability of the debt. Meanwhile, individuals are treated differently in the settlement of their right to demonstrate in the same register their claims. This regulation is unconstitutional solution, because it is inconsistent with the constitutional principle of equal rights.
The right to health prevention protects one of the most important values of each person. The regulations concerning the right to health prevention are grounded in the article 68 of the April 2nd 1997 Constitution. In the Constitution the right to health prevention is placed among social, economic and cultural rights. However the construction of constitutional regulations and relationship of the right to health prevention to different regulations, in particular to the rule of respect of human dignity and the right to protection of human life shows the personal character of this right. The method of classification of the right to health prevention has very important role for determining how to implement it and for the range of warranty of protection.
This text concerns the institution of ballot and its functions in judicature. Author analyses in details procedures of fortuity, which replaced the argumentation of parties and the influence of such methods (“unfactual fortune”) on verdict in the judicial processes. The issue of dividing the judicature and the power of adjudication from other functions and objects of power is analysed also in this text. Author writes a lot about procedures of ballot of jury as a relict of influence the fortune on adjudication and role of this procedure in guaranteeing the impartiality of judges.
The Article concerns the power of the Constitutional Tribunal for examination of currently out-of-dated legislation. It was assumed that the judgment of Constitutional Tribunal of 16 March 2011 stating unconstitutionality of the State Council decrees of 12 December 1981 on martial law is of fundamental importance. Historical aspects of martial state may still evoke understandable political and ideological emotions, which however should be excluded from legal considerations. The Author reconstructs assumptions presented by the Constitutional Tribunal, and afterwards provides analysis from the point of view of constitutional standards in force. Moreover, the Author is interested in effects of recognition of currently outdated legislation as unconstitutional. The text and presented ideas are constructed to inspire further discussions.
© 2017 Adam Marszałek Publishing House. All rights reserved.
Projekt i wykonanie Pollyart