system rządów

  • The Specificity of Presidential Systems of Government in Francophone African Countries

    The paper deals with distinguishing features of presidential systems of government adopted in the current or former constitutions of some Francophone African countries, such as Benin, Djibouti, Ivory Coast or the Republic of Congo. Particular attention has been devoted to the internal structure of the executive branch of government (the existence of the prime minister as a separate body) as well as to the reception of diverse mechanisms of rationalised parliamentarianism created previously in the constitution of the French Fifth Republic. The dynamics of constitutional changes leading to the adoption of presidentialism in place of semi-presidentialism and vice versa in such countries as Niger or Senegal has also been taken into account. In the light of the findings, it can be stated that the specific properties of presidentialism in Francophone Africa prove its apparent distinctness from certain typical assumptions of this model.

  • Executive power in the scandinavian political systems – the problem of minority cabinet in Norway (selected aspects)

    The article is devoted to the characteristics of the minority cabinet in the Scandinavian political systems and especially in Norway and its influence on political regime. Some interesting aspects has been chosen to illustrate the problem of minority government in Norway. Author explains normative and non-normative systemic factors that influenced the formation of the government cabinets without a sufficient majority in the parliament. The main thesis is that creation of minority governments is closely associated with the evolution of the party system and can be understood as a norm of political life in Scandinavia.

  • Parlamentaryzm zracjonalizowany a là polonaise – refleksje z perspektywy dwudziestu lat obowiązywania Konstytucji z 1997 r.

    The purpose of this article is critical analysis of polish model of the government, adopted in the Constitution of 2nd April 1997, in the bearing of adopted factors of the rationalization. The key assumption of this article is to proof, that the legal constructions, reffered in the Constitution of 2nd April 1997, in the relation to political practice, don’t satisfy the conditions, typical for the ratinalized parliamentarism in its classical versions, for example in the Constitution of the Fifth French Republic of 1958 and in the 1949 Basic Law for the Federal Republic of Germany.

  • Recepcja kanclerskiego modelu rządów w Polsce

    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.

  • System rządów w Rzeczypospolitej Polskiej: charakterystyka i diagnoza wątpliwości. Uwagi wprowadzające

    The shaping of structural and functional relations between bodies of state authority is one of the key characteristics of any political system and – at the juridical level – of any constitutional system. The choice of basic solutions in this regard determines the method of exercising authority in the state, i.e. its system of rule; also referred to as a system of government. From the methodological perspective, we may distinguish at least two levels of the analysis of the state power mechanism (referred to as the „system of government”), i.e. the normative (constitutional-legal) system of government and the practical (political-behavioural) one. In Poland, when developing the constitutional „system of government,” in the course of work on the drafts of the 1997 Constitution of the Republic of Poland, the relevant points of reference included: a) the parliamentary-cabinet system (particularly in the „rationalized” form), b) the parliamentary-presidential system (referred to as, quite ambiguously, an „indirect system”), and – to a lesser degree - the „system of presidential rule” (presidential system).

  • System rządów w Rzeczypospolitej Polskiej w świetle aktualnych propozycji jego zmian

    System of government of the Republic of Poland, based upon the Constitution of 2 April 1997, is considered as an appropriate. It created a base for the stable governments and alternation of power without conflicts. Since its introduction, not major government’s crisis was noted. Some tensions between President and the Premier Minister has occurred, however, during a cohabitation between President Lech Kaczyński and Premier Minister Donald Tusk (1997–2000). Controversies in the question of representation of the Republic of Poland in the European Council has been solved by the Constitutional Tribunal. It occurred however a problem, whether level of 3/5 to override presidential veto is not too high in situation, when President has backed an opposition and make impossible to fulfill the fundamental reforms introduced by the Committee of Ministers. The death of President Kaczyński make this controversies un-actual. When occasion of changes of Constitution may occurred, this problem should be analyzed in the context of rationalization of those regulation.

  • Parlamentaryzacja marokańskiego systemu rządów na gruncie konstytucji z dnia 29 lipca 2011 r.

    The paper concerns the phenomenon of parliamentarisation of the Moroccan system of government in the light of the constitution of 2011. The act was adopted as a result of civil unrest known as the so-called Arab Spring. The new constitution replaced the basic law of 1996. According to the new constitutional provisions, the role of the monarch has been limited. At the same time, the constitution has improved the position of the government headed by the prime minister. Moreover, the status of the parliament has been changed. By the way of example, the king appoints the prime minister from within the political party, which wins the parliamentary elections, and with a view to their results. In comparison with the previous constitution, the government seems to be more strongly connected with the parliament – especially with the first chamber. The latter has better tools for parliamentary oversight. Currently, the Moroccan system of government is closer to the European model of parliamentarianism.

  • Status i rola opozycji parlamentarnej niemieckiego Bundestagu – zagadnienia wybrane

    The article concerns chosen issues of the institution of the parliamentary opposition in the German parliamentary system. The parliamentary opposition in the German system of governments is a universally accepted phenomenon. Many factors affect its status and the position, from the structure of internal organs and the way of creating them, for specific institutions of the parliamentary law allowing for active participating in the realization of basic functions of the Bundestag. A President of the Bundestag, a Presidium, Advice of Seniors and committees are internal organs of the German Bundestag. The manner of the casting of individual organs, their tasks and the way of proceeding (especially Advice of Seniors) enable opposition groupings in the real way to influence functioning of the Chamber. In the process, in spite of the lack of the legal institutionalization of the phenomenon of the opposition on the federal level, it is possible to tell about political recognizing laws to the parliamentary opposition in Germany.

  • Dyskusje wokół konstytucyjnej reformy systemu rządów we Włoszech

    This article presents the main ideas of constitutional reform, governments in Italy over the last thirty years. “Blocked Italian democracy” was looking for ways of overcoming the legal framework. Conceived the idea of the great constitutional reform in the late seventies. There are three main ways of that reform: 1) the establishment of the Constituent Assembly, 2) creating a bicameral committee on constitutional reform, 3) by art.138 of the Constitution for its revision. The first solution only enjoyed the support of the right of the political scene. But failed to establish three committees for the bicameral constitutional reform: in the years 1983–1985 A. Bozziego Commission, in 1992–1994 the Commission C. De Mita and N. Iotti, in 1997, the Commission M. D’Alema. Presented by reform projects have failed due to lack of agreement between the main political forces. Thus, the third way of constitutional reform became Article 138 of the Constitution. However, in cases where an amendment has been approved only by an absolute majority of both houses of parliament, it can be put to the vote in a referendum on ratification. Twice held such a constitutional referendum, once on the center-left proposals 7 October 2001 year, the second time against the center-right approach June 25–26, 2006. The last referendum did not obtain public support. So it seems that the idea of the great constitutional reform has failed to deep divisions between the main political parties.

  • Cechy hiszpańskiego systemu rządów

    The Spanish political regime can be defined as a system of parliamentary government. The most characteristic features of it are: the dualism of executive, the neutral position of the head of state and the political responsibility of the government before the parliament. Besides, accepted legal solutions allow for the high effectiveness of the governmental action.The specification of the Spanish political stage, formed after 1978, allow to getcloser to the model of the parliamentary government (in the case of existence of the majority government) or to the model of parliamentary committee (in the case of the minority government). Thus, the main aim of this article is to present some key features of the Spanish political regime.

  • Kontrasygnata jako wyznacznik systemu rządów

    The task undertaken by the Author of the article is to demonstrate that the countersignature is such a significant element of the system of government established in a given state that the existence or lack of the countersignature, as well as the method of incorporating it into the procedure of a given model of government, determines which particular system or which of its modifications had been accepted on the grounds of a given constitution.In the article it has been also proved that the constitutional principles have only general influence on the regulation of the countersignature. Many of them are necessary for the countersignature to function, however their establishment in the constitutional law do not determine the existence of the countersignature. The most important factors that decide whether this institution exist are compo- nents of the system of government, such as the dualism of the executive power and the assumption of lack of political responsibility of the head of the state. These features occur together within the parliamentary system. In order to prove the aforementioned thesis, a typology of the systems of government has been presented, then – after indicating the systems in which the countersignature does not exist and presenting the reasons of such situation – the countersignature and the form in which it has been adopted, in regard to the degree of the modification of the system, has been systematized.

  • Kreacyjne uprawnienia prezydenta Republiki Słowackiej

    In this paper I focus on the creation powers of the President in view of the current problems. I also attempt to find answers to some of the questions related to the issue whether, provided the Constitution of the Slovak Republic concedes the President of the Slovak Republic the power to appoint a constitutional official on the proposal of a collective body or a specific person, the President may refuse to appoint a public official, and what the position of the President is in this kind of appointment, thus what function he performs.

  • Oryginalne rozwiązania systemów rządów na przykładzie Zakonu Maltańskiego

    The article presents governmental system of Order of Malta with methodology applying to description and analyzing the system of state. Author assumes that the Order of Malta is an example of confessional monastic state with features specific for a state like structure of powers, division of powers and other characteristic for republican type of a state.

  • Oryginalne rozwiązania systemów rządów na przykładzie Sułtanatu Omanu

    The article provides a snapshot of Oman’s leading political institutions. It also contains description of Oman’s political power structure. At the beginning author presents a historical background of the events that led to the taking of power by the current ruling sultan. Subsequently, the legislature, the executive, the judiciary and suffrage are discussed. In conclusion, the author makes a brief assessment of a functioning system of government in Oman.

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