państwo prawa

W przededniu narodzin nowoczesnej doktryny państwa prawa? Stosunek polskich liberałów do idei rządów prawa w początkach XIX wieku

Author: Michał Gałędek
Institution: Uniwersytet Gdański
ORCID: https://orcid.org/0000-0002-9538-6860
Year of publication: 2021
Source: Show
Pages: 15-29
DOI Address: https://doi.org/10.15804/ppk.2021.03.01
PDF: ppk/61/ppk6101.pdf

On the Eve of the Birth of the Modern Doctrine of the Legal State? The Attitude of Polish Liberals to the Idea of the Rule of Law at the Beginning of the 19th Century

The article analyzes the problem of the attitude towards the idea of the rule of law of representatives of the Polish elite at the beginning of the 19th century. The author presents the development of the idea of the rule of law in the introduction. He verifies the thesis that the ideological basis for the concept of the rule of law was the Enlightenment thought on the basis of which the liberal doctrine developed. He used it to seek an answer to the question about the characteristics of the model of government established by the Constitution of the Kingdom of Poland of 1815. The author attempted to prove that, since the Kingdom (existing until 1831) with one of the most liberal constitutions in the first half of the 19th century was in force, then this act met all the conditions required for the establishment of the rule of law according to the standards adopted in that century. These considerations conclude with remarks on the further evolution of Polish liberal thought in the 1820s. It began to differ from the liberal assumptions on which the German Rechtstaat doctrine was built. Paradoxically, Rechtstaat concept had much more in common to Polish liberalism in the earlier (proto-liberal) stage of its development in the times of the Duchy of Warsaw (1807–1815) than of the Kingdom of Poland (1815–1831).

Czy istnieją polskie tradycje państwa prawa? Prolegomena do badań

Author: Marcin M. Wiszowaty
Institution: Uniwersytet Gdański
ORCID: https://orcid.org/0000-0002-9740-2457
Year of publication: 2021
Source: Show
Pages: 31-46
DOI Address: https://doi.org/10.15804/ppk.2021.03.02
PDF: ppk/61/ppk6102.pdf

Are there Polish Traditions of the Rule of Law? Prolegomena for Research

The paper is a summary of a scientific seminar devoted to the problem of the Polish acquis concerning the concept of the Rule of Law and an introduction to in-depth research on this subject. The initial answer to the research question whether there is Polish achievements in the described field is positive. It is a centuries-old and relatively rich achievement. The answer to the question about the existence of the Polish tradition of the Rule of law, understood as continuity, is negative. Despite making more and more (partially understandable) attempts to prove this continuity and the existence of at least a partial continuation of the political system between the so called First, Second and Third Polish Republics, this continuity is only illusory and in fact has been broken several times. One can speak of a short-term continuity only within successive epochs in Polish history.

„Byle polski sejm zaciszny, byle polski sejm spokojny”. Budowa i wygaszanie państwa prawa w II Rzeczypospolitej

Author: Marek Stus
Institution: Uniwersytet Jagielloński
ORCID: https://orcid.org/0000-0002-5588-8321
Year of publication: 2021
Source: Show
Pages: 79-92
DOI Address: https://doi.org/10.15804/ppk.2021.03.05
PDF: ppk/61/ppk6105.pdf

“May the Polish Sejm be Tranquil, may the Polish Sejm be Quiet”. Building and Phasing out the Legal State in the Second Polish Republic

The inter-war period played the key role in the process of realizing the idea of the legal state in Poland. It brought the uninhibited opportunity to establish a new the form of government based on solid democratic standards and the rule of law for the first time since the country had lost its independence in the late 18th century. It was expressed in the legal instruments of the March Constitution of 1921. Practical enforcement of the legal state concept in the Second Polish Republic was far from ideal though. It resulted from various political, social, economic and international challenges. The March Constitution, not always clearly worded, was subject to widespread criticism and its cumbersome regulations were ignored. Moving gradually away from the rule of law, marked by the Sanacja elites becoming more authoritarian after 1926, was expressed on three levels: creating law, including subsequent constitutional regulations, it’s interpretations and enforcement. Gradual transformation of the parliamentary-cabinet system of the March Constitution into authoritarian state was the result of these processes. The article attempts to analyze the inter-war experience from the point of view of growing degradation of the rule of law and the reasons for its instability in the Second Polish Republic.

Instrumentalization of the Constitutional Order as a Tool of Political Control in the Post-Soviet Space. The Case of the Republic of Georgia

Author: Jan Brodowski
Institution: Jagiellonian University
ORCID: https://orcid.org/0000-0001-8798-6391
Author: Bartłomiej Krzysztan
Institution: Polish Academy of Sciences
ORCID: https://orcid.org/0000-0001-5632-6884
Author: Joanna Piechowiak
Institution: Nicolaus Copernicus University
ORCID: https://orcid.org/0000-0002-0021-2519
Year of publication: 2021
Source: Show
Pages: 281-290
DOI Address: https://doi.org/10.15804/ppk.2021.06.22
PDF: ppk/64/ppk6422.pdf

Georgia is one of the most democratized states in the post-Soviet space. This article presents the mechanisms of instrumentalization and ideologization of the Georgian constitution and its political and social context. The absence of a consolidated state of the law was found to have four causes: 1) colonial experiences of the Enlightenment; 2) heritage of Soviet legislation; 3) rapid Westernization of the legal system; 4) political actors and parties manipulating the constitution in the name of particularistic interests.

“Frozen” Valorization of Judges’ Salaries in Poland in the Light of Europe Union Legal Standards

Author: Krzysztof Sielski
Institution: Jan Kochanowski University in Kielce
ORCID: https://orcid.org/0000-0001-6637-7642
Year of publication: 2023
Source: Show
Pages: 261-271
DOI Address: https://doi.org/10.15804/ppk.2023.03.19
PDF: ppk/73/ppk7319.pdf

The material independence of judges is one of the essential guarantees of their independence and, at the same time, the proper functioning of the judiciary. Of course, one should not conclude from this that there is a simple relationship between independence and the material status of judges, nor should one presume a general prohibition on reducing judicial salaries. Undoubtedly, however, commensurate remuneration is permanently linked to the question of judicial independence. The aim of this article is to analyze premises of the permissibility of “freezing” adjustment of judges’ salaries in the light of international legal standards. The article is based on a specific factual situation, as in 2023, that basic salary adjustment for judges of common courts in Poland was “frozen” for the third year in a row.

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