the rule of law

Wkład Rady Europy w kształtowanie i upowszechnianie standardów państwa prawnego

Author: Agata Pyrzyńska
Institution: Kujawsko-Pomorska Szkoła Wyższa w Bydgoszczy
Year of publication: 2018
Source: Show
Pages: 167-183
DOI Address: https://doi.org/10.15804/ppk.2018.04.10
PDF: ppk/44/ppk4410.pdf

Impact of Council of Europe on the shaping and popularizing of the standards of the rule of law

The subject of the article is the issue of the Council of Europe’s impact on shaping and popularizing of the standards of a principle of the rule of law. The rule of law is one of the three basic values on which the Council’s activities is based. The Council’s care of maintaining the rule of law standards by the member states is manifested in two main areas. First of all, the Council undertakes activities aimed at defining and creating a uniform, universal way of understanding the principle of the rule of law by individual states. Secondly, the Council’s legal system states a few specific mechanisms to enforce the implementation by the member states of the principle. However, as practice shows, not all of them are sufficiently effective.

Dyskurs nad wprowadzeniem kontroli konstytucyjności prawa w dobie Konstytucji marcowej

Author: Michał Mistygacz
Institution: Uniwersytet Warszawski
ORCID: https://orcid.org/0000-0001-7083-7840
Author: Jacek Zaleśny
Institution: Uniwersytet Warszawski
ORCID: https://orcid.org/0000-0002-8231-4454
Year of publication: 2021
Source: Show
Pages: 191-201
DOI Address: https://doi.org/10.15804/ppk.2021.04.09
PDF: ppk/62/ppk6209.pdf

Considerations on the introduction of the constitutional control of the law in the era of the March Constitution – reconstruction of the discourse

The subject of the article is the reconstruction and explanation of the considerations on the failure to introduce the constitutional control of the law in the era of the March Constitution. It is argued that this was an issue noticeable by participants in legal and political relations, which was repeated during the period when it was in force, in particular after 1926 – due to the progressive abuse of the law and the fascization of political relations. Representatives of the doctrine of constitutional law are assigned a special role in promoting the importance of the control of the law for the process of building the rule of law. In this context the thesis of the article is as follows: the attitude to the control of the constitutionality of the law was not politically indifferent. It is argued that it was primarily the right-wing formations that opted for it, while the left-wing formations were against it.

Exclusive vs. Inclusive Social Populism? A Comparative Legal Analysis of Welfare Policies in Hungary and Poland Under Populist Regimes

Author: Aleksandra Dzięgielewska
Institution: German University of Administrative Sciences Speyer
ORCID: https://orcid.org/0000-0002-2438-9466
Year of publication: 2021
Source: Show
Pages: 237-256
DOI Address: https://doi.org/10.15804/ppk.2021.06.19
PDF: ppk/64/ppk6419.pdf

This article critically examines the main features of respective socio-economic legal frameworks to determine whether they constitute the specificity of Polish and Hungarian populism. The principle of equality serves as a theoretical framework for the assessment of both types of social design. Based on this legal criterion, differences in the social visions of both countries emerge, unveiling the perspective of an exclusive and inclusive social design. However, the conclusion appears that it is not the social-economic model itself that determines the specificity of populism in both countries but its juxtaposition with cultural arguments. Polish and Hungarian populisms are thus defined primarily by social frameworks and secondary by the rhetoric’s cultural component. The combination of social issues with those of cultural kind forms the substantive background of populism in its Polish and Hungarian editions.

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.

W poszukiwaniu modelu ustrojowego kontroli zgodności prawa z Konstytucją w okresie II Rzeczypospolitej

Author: Agnieszka Łukaszczuk
Institution: Akademia Ekonomiczno-Humanistyczna w Warszawie
ORCID: https://orcid.org/0000-0002-5350-3272
Year of publication: 2022
Source: Show
Pages: 181-190
DOI Address: https://doi.org/10.15804/ppk.2022.05.14
PDF: ppk/69/ppk6914.pdf

In Search of a Systemic Model for Controlling the Law’s Compliance with the Constitution During the Period of the Second Republic of Polish

Searching a coherent model of the systemic control of the compliance of statutory law with the constitution was an arduous process conducted by theoreticians of law throughout the entire period of forming the system of the Second Polish Republic. The statements which seemed to be correct in the opinion of recognized legal authorities, were not – apart from a few exceptions that overcame the general aversion to such views – adopted by the legislator during the revision of the March constitution. What is more, the control of the constitutionality of the law was not accepted during the work on the April constitution. The reason for that was its ideological conditions, based on the concept of the President’s authoritarian supreme power in terms of state system, which did not allow for appointing a body responsible for examining the compliance of the acts of law with the constitution.

Співвідношення понять право і закон

Author: Василь Добіжа (Vasil Dobizha)
Institution: Vinnytsia Educational and Scientific Institute of Economics of Western Ukrainian National University
ORCID: https://orcid.org/0000-0002-5540-9781
Author: Олександр Колесник (Oleksandr Kolesnyk)
Institution: Vinnytsia Educational and Scientific Institute of Economics of Western Ukrainian National University
ORCID: https://orcid.org/0000-0002-6995-983X
Year of publication: 2022
Source: Show
Pages: 94-106
DOI Address: https://doi.org/10.15804/ksm20220406
PDF: ksm/36/ksm3606.pdf

Correlation of Concepts Right and Law

The article proves that law is an effective means of regulation only in the rule of law. The rule of law underpins the work of the United Nations and other international organizations, as well as the political institutions of modern developed nations. It is shown that the concept of “rule of law” is lexically close to one of the basic elements of the positivist doctrine of law in the form of the concept of “rule of law”, which led to the identification of these concepts. It is substantiated that the Ukrainian vision of the rule of law is not limited to legislation as one of its forms, but also includes other social regulators, including morals, traditions, customs, etc., which are legitimized by society and conditioned with historically achieved cultural level. It is confirmed that justice is one of the basic principles of the law, decisive in defining it as a regulator of social relations, one of the universal dimensions of the law. It is proved that justice is considered as a property of the law, expressed, in particular, in the equal legal scale of behavior and in the proportionality of legal responsibility for the offense. In the field of the law enforcement, justice is manifested, in particular, in the equality of all before the law, the conformity of crime and punishment, the goals of the legislator and the means chosen to achieve them. In the article, that right, comes forward as effective means of adjusting only in the conditions of supremacy of thelaw. Principle of supremacy of right is the basis of activity of United Nations and other international organizations, and also political institutes of the modern developed states. It has been shown that a pan-European understanding of the concepts studied takes into account the main aspects of the concept of “rule of law”: all persons, whether public or private, must be bound by law and have the right to enjoy it. It is shown that modern society has developed an effective mechanism for ensuring the rule of law, which includes: the existence of the basic law of the country – the Constitution or its equivalent; clear and consistent system of legislation; institutions of justice, administration and security, which have the means and capabilities to ensure the application of legislation; legal culture. In the absence of equal law for all, the progressive development of society is impossible. Where there are groups above the law, as well as the practice of selective application of the law, incentives for development disappear. It is substantiated that the rule of law should be identified and implemented at the stage of law enforcement and the first step towards this is to increase the role of law as the main and primary regulator of public relations.

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