constitutional law

  • Political Systems Theory as a Contribution to Human Sciences

    This text is a record of a speech given during the Third Polish Conference of Chairs and Departments of Political Systems. The main subject of this paper is the need to carry out research on political systems using diverse methods and takes, both legal and “humanistic”. The paper shows how important in terms of methodology it is to compare particular legal status with reality using examples when legal analysis is not sufficient, for example, on the account of social rebellion. The text identifies challenges that researchers of political systems face due to that fact. In this context is also discusses the problems related to studying such institutions as, for example, the Ukrainian Maidan.

  • The Universalism of Political System Principles Espoused by European States

    A distinctive trend developed in 19th and 20th century Europe, which saw the universalisation of principles of state political systems. This tendency expressed itself in proclaiming in the constitutions of individual states and in the practical application by European democracies of the political principles inspired by the ideas of the Enlightenment. Over a period of over two centuries, the constitutions of many countries developed with a similar catalogue of principles of government, in a similar legal form. These principles express the same ideas and political values and aim at developing an identical model of government structure based on liberal-democratic ideals. It is characteristic that during the last decade of the 20th century there was a sudden increase in this tendency and the spreading of those principles to over twenty countries.

  • The normative value of the reference to God and Christianity in the preamble to the Constitution of the Republic of Poland of 2nd April, 1997

    In the preamble of the Constitution of the Republic of Poland (of 2nd April, 1997) legislator refers to God and culture rooted in the Christian heritage of the Nation. The question arises whether the reference to religious elements in the legal text in some way affects the process of applying the law? The answer should be yes. It is not about favoring Christian denominations, or discrimination against people who do not believe in God. The crux is to create law and decode legal principle contained therein, taking into account the Christian moral values. This is due to the centuries-long contribution that Christianity has brought to the cultural and historical heritage of Europe, creating its unique identity. The reference to God highlights the human autonomy towards state and means prohibition of state totalitarianism.

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