Personal separation of the legislative and the executive powers as guarantee  of independence of the judiciary in Poland Cover Image

Rozdział władzy ustawodawczej od wykonawczej gwarancją niezależności sądownictwa w Polsce
Personal separation of the legislative and the executive powers as guarantee of independence of the judiciary in Poland

Author(s): Bronisław Sitek
Subject(s): Politics, Sociology of Politics
Published by: Wydawnictwo Wyższej Szkoły Gospodarki Euroregionalnej im. Alcide De Gasperi w Józefowie
Keywords: independence; independence of the courts; executive power; judiciary; balance of powers; separation of powers

Summary/Abstract: The tripartite system of the powers and the concept of their balance with their roots reaches the end of the feudal age. The changes that are currently being inspired by the globalization processes have caused a number of disputes. Examples of this are changes introduced in the area of organization and functioning of the judicial system in Poland. The ongoing discussion in the public sphere reveals the breakdown of discussers into two groups. Both sides of the discussion use a specific terminology and logic of the discourse and they are not able to reach agreement. This work uses a descriptive method and analysis of laws or media and political views. It seems necessary to look for a third way to resolve this conflict. This third way is a proposition of personal separation of executive power from the legislature power. Such an addition to the concept of the balance of power will force an inside-party discussion on the important issues of the political system. The lack of such discussion is undermined if one political party takes over entire power in a certain country.

  • Issue Year: 34/2017
  • Issue No: 3
  • Page Range: 79-90
  • Page Count: 12
  • Language: Polish