- Author:
Marcin Dąbrowski
- E-mail:
m_dabrowski@wp.eu
- Institution:
The Department of Constitutional Law of the Faculty of Law and Administration of the University of Warmia and Mazury in Olsztyn
- ORCID:
https://orcid.org/0000-0001-8780-9715
- Year of publication:
2018
- Source:
Show
- Pages:
155-165
- DOI Address:
https://doi.org/10.15804/ppk.2018.06.13
- PDF:
ppk/46/ppk4613.pdf
The essay describes the concept and evolution of a countersignature and prerogatives of the President of the Republic of Poland. The countersignature is a special signature (a consent) of a member of the Council of Ministers which is necessary to validate the President’s legal (official) act. Prerogatives are enumerated in a constitutional act as presidential competences, which do not require a signature of a member of the Government (a countersignature). The author claims that the institution of independent presidential competences was invented by Polish lawyers and used for the first time ever in the Polish Constitution of 1935. Further, the author describes the evolution of the institution of a countersignature and prerogatives in the Polish political system. It is said that nowadays the number of independent competences does not have such significant importance as it is claimed in constitutional law and in reality prerogatives do not strengthen the political position of the President significantly. His/her power depends on whole relations between the authorities described in constitutional provisions.
- Author:
Volodymyr Marchenko
- E-mail:
vovamarch1996@gmail.com
- Institution:
National Academy of Law Sciences of Ukraine
- ORCID:
https://orcid.org/0000-0002-3663-6399
- Year of publication:
2022
- Source:
Show
- Pages:
122-135
- DOI Address:
https://doi.org/10.15804/ksm20220307
- PDF:
ksm/35/ksm3507.pdf
Subjects of Municipal Legal Policy as a Type of Legal Policy of the State
The article is devoted to the study of the issue of subjects of municipal legal policy. The author made a thorough analysis of approaches to the definition of legal policy, municipal legal policy and gives his own vision on this issue, based on scientific literature and the provisions of Ukrainian and foreign legislation. The article considers two approaches (activity and institutional) to the understanding of the concept of «legal policy» in the scientific literature and analyzes the approaches to the definition of «legal policy». Thus, the paper presents the scientific developments of the representatives of the activity approach, in which the main subject of legal policy is the state bodies, it is concluded that such an approach narrows the understanding of the subjects of legal policy. The opinions of the representatives of the institutional approach are studied and it is noted that their understanding of legal policy without the allocation of subjects is quite controversial. The paper singles out the scientific approach, according to which the subjects are understood as state and municipal bodies, it is said that such an approach also narrows the understanding of the subjects. The author concludes that the subjects of legal policy can include government agencies and non-governmental organizations (political parties, NGOs, citizens, the scientific community). Regarding the definition of subjects of municipal legal policy, the author analyzes the approach to which the subjects are public authorities, local governments and the local community. It is noted that this definition of subjects in terms of separate allocation of the local community is fully consistent with the provisions of Art. 140 of the Constitution of Ukraine. The approach to the selection of subjects of municipal legal policy, according to which the subject is local government, is studied. The author believes that this position should be criticized because the municipal legal policy is formed and implemented not only at the local but also at the national level. The results of the study conclude that the allocation of state and non-state structures as subjects is the most balanced position in the scientific literature. The author concludes that the subjects of municipal legal policy should be understood as state and non-state (political parties, public organizations, etc.) structures, as well as individual citizens, scientists. The separation of state and non-state structures as groups of subjects of municipal legal policy is substantiated, as well as their division into a number of smaller subgroups.