- Author:
Emil Śliwiński
- E-mail:
esliwinski.es@gmail.com
- Institution:
Uniwersytet Warszawski
- ORCID:
https://orcid.org/0000-0002-5910-9030
- Year of publication:
2022
- Source:
Show
- Pages:
115-125
- DOI Address:
https://doi.org/10.15804/ppk.2022.05.09
- PDF:
ppk/69/ppk6909.pdf
The Notion of Repressive Liability (Article 42 of the Constitution) and the Power of Pardon of the President of the Republic of Poland
The aim of this article is to discover in relation to which sanction it is possible to exercise the right of pardon (art. 139 of the Constitution). Basing on the systemic interpretation of the Constitution, the author argues that the power of pardon is the ‘reverse’ of the notion of repressive liability inferred from art. 42 of the Constitution. Consequently, in relation to all repressive sanctions within the meaning of art. 42 of the Constitution it is allowed to grant a pardon. Therefore it is possible to claim that a power of pardon can be applied to, inter alia, disciplinary penalties, lustration penalties, administrative monetary penalties, tax surcharges and penalties imposed on collective entities. Challenges for the doctrine of law – including possible collisions between exercising power of pardon and other constitutional provisions – are indicated.
- Author:
Emil Śliwiński
- E-mail:
esliwinski.es@gmail.com
- Institution:
Uniwersytet Warszawski
- ORCID:
https://orcid.org/0000-0002-5910-9030
- Year of publication:
2023
- Source:
Show
- Pages:
169-180
- DOI Address:
https://doi.org/10.15804/ppk.2023.03.12
- PDF:
ppk/73/ppk7312.pdf
The Material Scope of Immunities in the Light of the Notion of “Criminal Liability” in the Constitution of the Republic of Poland
In the article the author analyses whether the notion of ‘criminal liability’ contained in constitutional provisions relating to formal immunity should be understood in the same way as the identical term in art. 42(1) of the Constitution of the Republic of Poland. The author answers affirmatively to such research question, relying on linguistic directives of interpretation (prohibition of synonymous and homonymous interpretation), as well as the need to safeguard the effectiveness of immunity. Alternative line of interpretation – presented in the judgment of the Constitutional Tribunal P 31/12 and based on exceptiones non sunt extendendae argument – is rejected. From this one can derive a conclusion that formal immunity provides protection against i.a. liability for administrative infractions. The author observes as well that statutory provisions which precise constitutional regulations on immunity do not cover such situations.
- Author:
Patryk Kupis
- E-mail:
patryk.kupis@usz.edu.pl
- Institution:
Uniwersytet Szczeciński
- ORCID:
https://orcid.org/0000-0002-3044-3350
- Year of publication:
2024
- Source:
Show
- Pages:
83-95
- DOI Address:
https://doi.org/10.15804/ppk.2024.05.06
- PDF:
ppk/81/ppk8106.pdf
On the Ideological Justification of the Foundations of the Legal System in the Polish Constitution on the Basis of Zygmunt Ziembiński’s Normative Conception of Sources of Law
The article presents a multifaceted analysis of legal phenomena, emphasizing the importance of Zygmunt Ziembiński’s developed normative concept, which considers both formal and sociological or psychological aspects of legal phenomena. The aim is to demonstrate this concept’s potential in constitutional law analysis, focusing on the ideological justification of the legal system based on the 1997 Constitution of the Republic of Poland. The logico-linguistic and dogmatic-legal analysis methods were employed. Conclusions indicate that the Polish Constitution, particularly its preamble and supreme principles, expresses important ideological elements that legitimize the legal system. These elements ground legal norms in socially and politically accepted values, supporting the system’s coherence and effectiveness. The article highlights that distinctive ideal norms, as meta-norms in the concept of the sources of law, are crucial for identifying and legitimizing norms within the legal system.