konstytucja

The Proclamation of the Hungarian Republic in 1946

Author: Schweitzer Gábor
Institution: Hungarian Academy of Sciences, National University of Public Service
Year of publication: 2017
Source: Show
Pages: 115-125
DOI Address: https://doi.org/10.15804/ppk.2017.06.07
PDF: ppk/40/ppk4007.pdf

The paper is dealing with the constitutional and historical importance of Act I. of 1946. In 1946 Hungary has changed its form of government. The passage of Act I of 1946 has defined Hungary’s form of government as a republic. In addition to the creation of a republic, the legislation provided powers for the president of the Hungarian Republic. Moreover, the Preamble of Act I. of 1946 was the first document in the Hungarian constitutional history which summarized and declared the most important natural and inalienable rights of the citizens.

The Systemic Importance of the Constitutional Establishment of the Capital in the Member States of the European Union

Author: Radosław Grabowski
Institution: University of Rzeszów
Year of publication: 2017
Source: Show
Pages: 141-154
DOI Address: https://doi.org/10.15804/ppk.2017.06.09
PDF: ppk/40/ppk4009.pdf

The practice of placing in the constitution provisions relating to state symbols (emblem, flag, anthem) is satisfactory. Often accompany such regulation standards, the task is to indicate the center of which is the state capital. The desirability of such regulations is questionable, hence the question whether it is a common practice. The analysis covers the EU Member States. It is a inhomogeneous group, which should be considered as an advantage, because it allows to review the solutions. The aim is to answer the question of whether the EU countries there is a widespread practice of the constitutional establishment of the state capital, whether it is the dominant model, is it possible there are different solutions in this area, when such adjustments are redundant, whether such cases allow conclusions that can be application in practice of Polish political system.

Informal Constitutional Change. The Case of Poland

Author: Agnieszka Bień-Kacała
Institution: Nicolaus Copernicus University in Toruń
Year of publication: 2017
Source: Show
Pages: 199-218
DOI Address: https://doi.org/10.15804/ppk.2017.06.13
PDF: ppk/40/ppk4013.pdf

This article describes the theoretical concept of constitutional change. The cases of constitutional changes and amendments since 1989 have been analyzed in the text. The historical approach is used as a background for the current Polish events conceptualization.
The theories formulated by Y. Raznai, R. Albert, B. Ackermann, S. Griffin, D. Landau are applied for purpose of the analysis. The authors consider the problems of: constitutional change, constitutional amendment and dismemberment, constitutional moment, as well as a kind of constitutionalism, which is connected to an abuse of power by the parliamentary majority (illiberal constitutionalism).
This paper analyses following issues: the conceptualization of constitutional amendment procedure and constitutional change in formal and informal ways as well as the constitutional moment. Moreover, the Polish academia opinions on the amendment and change are presented. Eventually, the identification of the recent Polish systemic events from a theoretical perspective and the summary of the research are provided.
The assessment of current events takes into account the historical background – the transformation started in 1989 and ended with the adoption of the 1997 Constitution. The conclusion is connected to identification of the constitutional moments which legitimize or not the transformation of the system.

Selected Aspects of the Application of the Constitution’s Provisions by the Sejm of the Republic of Poland

Author: Grzegorz Koksanowicz
Institution: Maria Curie-Skłodowska University in Lublin
Year of publication: 2017
Source: Show
Pages: 235-251
DOI Address: https://doi.org/10.15804/ppk.2017.06.15
PDF: ppk/40/ppk4015.pdf

The direct application of the constitutional provisions gives rise to many problems due to the particularities involved. These problems can be encountered not only in a judicial, but also in a managerial type of law application. Within the framework of the last model, the application of the constitutional provisions has to be considered through the Sejm of the Republic of Poland. The constitutional law focuses on the institutions of the political system.It determines the structure, functions, the competencies and the relationship between them. Taking into consideration the fact that the parliament has an important influence on the functioning of governance, the issue of the direct application of constitutional provisions by that authority is taking on new significance. The issue of the application of the constitutional rules relating to the Sejm internal organisation and its political functions has to be considered as relevant. The order of the direct application of the constitution indicates not only the necessity of application of the regulations, which define its organisation, operation and the subject of activity, but also these, which express so-called principles and values. Their full normative content is generally determined in jurisdiction of Constitutional Tribunal, which in turn obliges the Sejm and its authorities to apply these regulations in a manner which takes into account the judicial acquis of this organ.

Prokuratura w nowej ustawie z 2016 roku Eksperyment z podległością władzy wykonawczej

Author: Halina Zięba-Załucka
Institution: Uniwersytet Rzeszowski
Year of publication: 2016
Source: Show
Pages: 111-124
DOI Address: https://doi.org/10.15804/ppk.2016.05.07
PDF: ppk/33/ppk3307.pdf

The prosecution in the new Act of Parliament dated back to 2016

An experiment with the subjection of the prosecution to the executive. The article proves that the prosecution as an non-constitutional authority is subjected to political influences. The author presents the subordination of the prosecution in Poland and other European Union countries. The author indicates that the 2010 reform of the prosecution as well as the disengagement of the Attorney General and Minister of Justice offices has not produced the expected results, since the reform of the prosecution has not been completed. The reform not only failed to strengthened the position of the Attorney General but it has weakened one’s prerogatives. The aforementioned Act of Parliament brought many of the provisions, which on one hand are a contribution to the independence of the prosecutor’s office, and on the other hand, are a tool of control over the prosecution (article 10e and 10f), making the prosecution’s independence illusory. Therefore, according to the author, the new regulations should be given a chance, despite concerns. The aim of the implementation the 2016 Act of Parliament is to provide recovery of strong position by the Attorney General against both the subordinate prosecutors, as well as external bodies.

Mazurek Dąbrowskiego jako polski hymn państwowy – aspekt historyczno-prawny

Author: Mikołaj Rychlik
Institution: Uniwersytet Warszawski
Year of publication: 2016
Source: Show
Pages: 125-139
DOI Address: https://doi.org/10.15804/ppk.2016.05.08
PDF: ppk/33/ppk3308.pdf

Dąbrowski’s Mazurka as the Polish national anthem – the historical and legal aspect

The aim of the author of this article is to analyse, how the legal regulations concerning the issue of national anthem had been formed, particularly in the view of the period from 1918 to 1997. The following hypothesis was verified: the regulation of this matter had been effectuated – despite the changes of political situation and a long time horizon – evolutionarily and the whole process can be separated in distinctive stages. In order to examine the thesis, the legal solutions have been analysed, thanks to which a specific musical work, being one of many Polish national songs – Dąbrowski’s Mazurka – became the Polish national anthem. The examination has been made against the background of the historical process that includes time from creation of the work, with a special regard to the periods of revival of Polish sovereignty and taking the most important legal regulations concerning national symbols. This process has been divided – apart from the historical splitting into spans strictly connected with the geopolitical situation of Poland – into stages that are crucial, considering the manner, how the case of a national anthem was regulated. Thus, the following stages of forming such regulations have been presented: from the state of legal indifference, throughout existing of frame- works of legal regulations, till the state of full regulation.

Transformacja prawnokonstytucyjna Republiki Chorwacji dokonana w trakcie procedury monitoringowej Rady Europy

Author: Robert Osypowicz
Institution: Uniwersytet Jana Kochanowskiego w Kielcach
Year of publication: 2016
Source: Show
Pages: 237-252
DOI Address: https://doi.org/10.15804/ppk.2016.05.14
PDF: ppk/33/ppk3314.pdf

Constitutional transformation of the Republic of Croatia during the monitoring procedure of the Council of Europe

The author analyses the constitutional transformation of the Republic of Croatia during the monitoring procedure of the Council of Europe. Croatia once achieving the membership in the Council of Europe took several obligations to change constitutional system according to values and democratic standards represented by the Council of Europe. They have included e.g. protection of national minorities, freedom of media, changing of the system of the local government and the election law. Realization of those obligations was controlled by the Monitoring Committee of the Parliamentary Assembly of the Council of Europe. Council of Europe, through the Venice Committee, has helped Croatia to fulfill those obligations.

Remarks on The System of State Authorities in the Constitution of the Republic of Uzbekistan of 8 December 1992

Author: Joanna Marszałek-Kawa
Institution: Uniwersytet Mikołaja Kopernika w Toruniu
Year of publication: 2016
Source: Show
Pages: 35-57
DOI Address: https://doi.org/10.15804/ppk.2016.06.02
PDF: ppk/34/ppk3402.pdf

The aim of this article is to present the system of state authorities in the Republic of Uzbekistan, shaped under the provisions of the existing fundamental law amended in 2014. We will also address the question whether the implemented reform of an institutional character means the adoption of a democratic form of government.

Konstytucyjna zasada rzetelności i sprawności działania instytucji publicznych na tle linii orzeczniczej Trybunału Konstytucyjnego w latach 2006–2016

Author: Izabela Niczyporuk
Institution: Uniwersytet w Białymstoku
Year of publication: 2017
Source: Show
Pages: 123-136
DOI Address: https://doi.org/10.15804/ppk.2017.01.06
PDF: ppk/35/ppk3506.pdf

The constitutional principle of the reliability and efficiency of public  institutions in the case law of the Constitutional Court in the years 2006–2016

The article presents selected line of jurisprudence of the Constitutional Court with regard to judgments referring to the reliability and efficiency of public institutions. The principle indicated in its title was expressed by Polish constitutional lawmaker in the preamble to the Polish Constitution of 1997. In the introduction, there are identified various positions of doctrine regarding the normative character of the preamble. Due to the lack of a legal definition the author defines the concept of “fairness” and “efficiency”, and “the integrity of the state” and “the efficiency of the state”. This article in its essential part takes into account judgements of the Constitutional Tribunal issued in 2006–2016. Adopted timing is determined by the judgement oth the Tribunal passed in 2006, where the principle of fairness and efficiency has been called the “principle” and where the Court recognised its normative charcter. The judgments are discussed in chronological order. The aim of this article is to show the substantial meaning of the principle of fairness and efficiency of the state which was provided in discussed court cases. The idea is also to draw attention to the Introduction to the Constitution as its important part.

Konstytucja Węgier jako manifest polityczny parlamentarnej większości

Author: Dominik Héjj
Institution: www.kropka.hu
Year of publication: 2018
Source: Show
Pages: 67-85
DOI Address: https://doi.org/10.15804/ppk.2018.01.04
PDF: ppk/41/ppk4104.pdf

The Constitution of Hungary as a “political manifesto” of nowadays parliamentary majority

The Fidesz–KDNP coalition won the Hungary parliamentary elections of 2010, which was held in April and May. Coalition capturing two-thirds of seats in National Assembly. Despite the fact that in the Election manifesto were no declarations to change the Fundamental Law, the process of creating the new constitution was started after two months after the election. The final draft of the Basic Law was voted on in National Assembly after less than 9 month after the Election and it’s called “the Fidesz’ Fundamental Law”. During four years (2012–2016) the Parliament passed six amendment acts to the Fundamental Law. Whose main purpose was to adapt it to Fidesz’ political philosophy. Thanks to two-thirds majority, the Government coalition could freely shape the Fundamental Law and (after reform of the judiciary) voluntary in its interpretation.

Prawa i wolności człowieka i obywatela w świetle Konstytucji RP

Author: Sylwia Stecko
Institution: Uniwersytet Rzeszowski
Year of publication: 2018
Source: Show
Pages: 171-188
DOI Address: https://doi.org/10.15804/ppk.2018.01.09
PDF: ppk/41/ppk4109.pdf

Rights and freedoms of man and citizen in the light of the Constitution of the Republic of Poland

This article covers considerations on the issues relating to the rights and freedoms of man and citizen in the light of the Polish Constitution. It is a representation of the commonly accepted democratic values, whose integral part are human rights and their mechanisms.On the basis of the material herein, it can be reasonably assumed that the principle of freedom and of human rights became fundamental in the political system of our state and defined the essence of the Constitution of the Republic of Poland of 1997. Its introduction helped regulate issues relating to freedom and human rights in the Polish systemic law.

A tale of two UK’s European referendums. Some remarks on British history, politics and the constitution

Author: Krzysztof Łokucijewski
Institution: Uniwersytet Gdański
Year of publication: 2016
Source: Show
Pages: 185-204
DOI Address: https://doi.org/10.15804/ppk.2016.06.09
PDF: ppk/34/ppk3409.pdf

The two European referendums of 1975 and 2016 are examined in their historical, political and constitutional context. The paper provides a short account of United Kingdom’s accession and participation in the European Union. The uneasy relationship with the EU is shown, with reference to political process of negotiating Britain’s position in the Union. Some political, economic and cultural factors that have shaped British attitudes towards European integration are analysed. A legislative framework for both referendums is described and the dynamics of pre-referendum debates and campaigns are discussed. The political implications of ‘Leave’ vote (in favour of Brexit) are indicated. Finally, certain constitutional and legal issues surrounding UK withdrawal from the EU are considered, also in the context of the doctrine of parliamentary sovereignty.

Myśl polityczna twórców konstytucji V Republiki Francuskiej

Author: Jarosław Szymanek
Institution: Uniwersytet Warszawski
Year of publication: 2017
Source: Show
Pages: 53-95
DOI Address: https://doi.org/10.15804/ppk.2017.03.03
PDF: ppk/37/ppk3703.pdf

Political thought of the creators of the Constitution of the French Republic

The article presents the background of the ideological formation of the Constitution of the French Fifth Republic. The starting point is the assumption that the state reform made in 1958 had its origin in the crisis internally and in the international environment of France. The internal crisis was associated with political instability, and above all very strong position of Parliament and the chaotic party system. The external environment, in turn, is the collapse of the international role of France and the problems of decolonization, particularly in Algeria. The article presents the political thought of traditionally perceived as the creators of the Constitution 1958. These include André Tardieu, Raymond Carré de Malberg, Rene Capitanta, Michel Debré and Charles de Gaulle. Article proves that they did not have identical ideas that sometimes their views have evolved. Ultimately, however, they contributed to a coherent political thought, which began gaullism, and in the sense of the political system laid the foundation for the constitution of the Fifth Republic. Keywords for this political thought are the rear of the political system in the background values, among which is crucial idea of a strong state; recognition of the necessity to balance the authorities; visibility of the role of the president is perceived, like the military, as chef of state.

Comparative view of the regulations of environmental protection contained in the constitutions of: Kingdom of Spain, Republic of India and Republic of South Africa

Author: Marieta Czekałowska
Institution: Uniwersytet Szczeciński
Year of publication: 2016
Source: Show
Pages: 205-222
DOI Address: https://doi.org/10.15804/ppk.2016.06.10
PDF: ppk/34/ppk3410.pdf

The aim of this article is to present regulations connected with environmental protection on examples three constitutions: Kingdom of Spain, Republic of India and Republic of the South Africa. The aspect of this research is to analyze abovementioned regulations in the context of duties connecting with environmental protection. It is also significant aspect indicated the possibility of constitute the subjective rights to the use of environment and asserting rights directly from culprit pollution in horizontal activity. In this article, considering derives from editorial construction and taxonomy discussing provisions contained in above basic laws. Furthermore, on selected examples from judicature and doctrine had been presented a stance in order to define, which of these constitutional regulations are obliged to protect rights’ properly in cases of environmental protection.

Analiza austriackich regulacji prawnych dotyczących odpowiedzialności konstytucyjnej prezydenta

Author: Sabina Grabowska
Institution: Uniwersytet Rzeszowski
Year of publication: 2017
Source: Show
Pages: 141-151
DOI Address: https://doi.org/10.15804/ppk.2017.03.06
PDF: ppk/37/ppk3706.pdf

Analysis of the Austrian regulations on constitutional responsibility of the president

The text is an analysis of the Austrian legal regulations concerning the constitutional responsibility of the President. Federal President for committing a constitutional delict is responsible before the Constitutional Court. The proposal in this regard may submit a group of parliamentarians and parliament puts indictment. If the Constitutional Court decides the merits of allegations made in the indictment, the president shall be deposited with the office.

Konstytucyjna zasada równości na gruncie ustawy z 4 listopada 2016 r. o wsparciu kobiet w ciąży i rodzin „Za życiem”

Author: Jarosław Skowyra
Institution: Uniwersytet w Białymstoku
Year of publication: 2017
Source: Show
Pages: 169-183
DOI Address: https://doi.org/10.15804/ppk.2017.03.08
PDF: ppk/37/ppk3708.pdf

The constitutional principle of equality based upon Act of 4 November 2016 on the support of pregnant women and families „For life”

This contribution presents issue connected to implementation of the constitutional principle of equality and prohibition of discrimination within Act of 4 November 2016 on the support of pregnant women and families „For life”. Author brings regulations concluded in the content of the indicated act closer, thereafter he performs a presentation of the principle of equality and prohibition of discrimination, with an aid of jurisdiction and doctrine standpoints. Final part of contribution consists confrontation between mentioned principle and pointed prohibition with this part of the „For Life” Act, which sketch presumptions allowing to apply for one time benefit, in the amount of 4 000 zloty, for giving birth to alive child, who were diagnosed with severe and irreversible impairment or with incurable illness endangering their life, under a condition that woman would stay under medical healthcare no later than from 10th week of pregnancy till labour.

Ograniczenia wolności działalności gospodarczej na przykładzie orzecznictwa Trybunału Konstytucyjnego

Author: Ilona Szczepańska-Kulik
Institution: Uniwersytet Warszawski
Year of publication: 2017
Source: Show
Pages: 185-204
DOI Address: https://doi.org/10.15804/ppk.2017.03.09
PDF: ppk/37/ppk3709.pdf

The limitations of economic activity in the jurisdiction of the Constitutional Court

Submitted study is an attempt to analyze the jurisdiction of the Constitutional Court of the freedom of economic activity and its limitations. Both in literature and in the jurisdiction of the Constitutional Tribunal it is accepted that the constitutional freedom of economic activity is not absolute and must be subject to restrictions. In cases brought before the constitutional court there are cited rules in different configurations. In this text the author wants to expand the subject issue and to discuss various conditions that limit freedom of economic activity (which are: important public interest, statutory form and the requirement of the principle of proportionality).

Zasada ochrony własności w Konstytucji Rzeczypospolitej Polskiej

Author: Joanna Szponar-Seroka
Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
Year of publication: 2017
Source: Show
Pages: 67-84
DOI Address: https://doi.org/10.15804/ppk.2017.04.04
PDF: ppk/38/ppk3804.pdf

The right to ownership and its protection in the Constitution of the Republic of Poland

Ownership protection is one of the rights in the political system of the Republic of Poland. Article 21 of the Constitution safeguards ownership protection in general. Other property rights also seem to be protected on the basis of that general provision such as the ones resulting from Article 64 of the Constitution. Although the obligation of legal ownership protection is vested mainly in the state authorities, other entities, including private ones, are also obliged to comply. The right to property is not absolute and in accordance with Article 64 “may only be limited by means of a statute” but only to the extent not violating its substance. What seems worth considering in this context is the issue of limitations of the procurement of the agricultural real estate as well as liberalization of the provisions concerning tree removal.

Semantyka norm kompetencyjnych w wybranych konstytucjach państw Europy Wschodniej

Author: Artur Olechno
Institution: Uniwersytet w Białymstoku
Year of publication: 2017
Source: Show
Pages: 23-36
DOI Address: https://doi.org/10.15804/ppk.2017.05.02
PDF: ppk/39/ppk3902.pdf

Semantics of the norms of the competence in selected constitutions of Eastern European countries

An article dedicated to semantic methods of defining of competitive norms in selected constitutions of Eastern European countries. The principle of legality requires public authorities to act solely on the basis of the applicable law and within the limits defined by them. This means the state body does only what the law expressly permits, and anything else not explicitly stated in the legal provision is prohibited. Therefore, it is very important the legislator speaks deliberately and precisely the legal language. The legislator must avoid a blurred notion and such, that allow for interpretative freedom in normative acts. Taking into account that all legislative activities we perceive to be non-accidental, each legal regulation should have a meaning that makes it impossible to make “arbitrary” decisions.

Recepcja kanclerskiego modelu rządów w Polsce

Author: Ryszard Balicki
Institution: Uniwersytet Wrocławski
Year of publication: 2017
Source: Show
Pages: 55-68
DOI Address: https://doi.org/10.15804/ppk.2017.05.04
PDF: ppk/39/ppk3904.pdf

Reception of the chancellery model of governance in Poland

The Polish executive governance model assumes the existence of a two-part executive, in which the strength of the government lies in its constitutional competences and the power of the president is legitimized by his being selected in general elections. Such situation creates a space for conflict between the highest authorities. It is therefore worth to consider the desirability of making changes in the Polish governance model in the future and introducing into the system of governance a model based on the German system of chancellery governance.

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