Akt o Formie rządów z 1919 roku – pierwsza konstytucja niepodległej Finlandii

Author(s): Dawid Michalski / Language(s): Polish Issue: 1/2016

The study is an attempt to describe and analyse the first constitutional act of independent Finland. The Constitution Act of 1919 defined the Finnish political system. Although it was an object of ideological arguments (monarchist vs. republican tradition), its provisions,and especially the strong position of the president as an executive power with legislative competences, resulted from a compromise. Despite that, the classical division into three powers was introduced into the Finnish political and legal system. The act was not ideal, yet at that stage in the history of Finland it was an expected resultof a compromise with strong constitutional foundation for the political and legal progressof a developing country.

Organization and functioning of legislative bodies in Polish and French territorial self-government: contribution to the discussion

Author(s): Monika Augustyniak / Language(s): English Issue: 1/2018

The article presents a selected issues concerning the organization and functioning of legislative bodies and their decision-making, opinion-giving and consultative competences as well as those related to delegation implemented in both legal orders. Discussing the basic elements related to the organization and operation of councils and sejmiki will allow in the final evaluation to propose changes to the model of legislative bodies in the contemporary territorial self-government, which has an impact on their more effective functioning. It will also help strengthen the relations of councils/sejmiki with executive bodies in individual territorial self-government units.

Jakość zmian prawa o szkolnictwie wyższym a orzecznictwo Trybunału Konstytucyjnego

Author(s): Agnieszka Bednarczyk-Płachta / Language(s): Polish Issue: 2/2018

On the basis of the Polish law about higher education, which was in force until the introduction of the present law about higher education and science, we can clearly see the tendencies and habits of the legislator in terms of the manner and quality of lawmaking. This publication is a kind of introduction to the analysis of new regulations, because without reference to what was, the regulations introduced in the new “Act 2.0” may seem only unconstitutional. This is alarming because by comparing the way changes are made in the previous legal and current state, it is clear that the legislator does not aim to create law in accordance with applicable standards, and also does not learn from mistakes. Constant changes in the law about higher education affecting the status of these entities and the way they operate under public law have not contributed to the wider opening of the discussions on the status of higher education institutions, as public administration entities, nor the quality of the created law. Since the adoption of the current law on higher education from 2018, the previous law has been changed over 30 times. The aim of the article is to indicate the mechanisms of the legislator’s actions, which, contrary to the legislative technique and suggestions of the Constitutional Tribunal (Trybunał Konstytucyjny, TK), changed the law in the previous legal state, which directly affects the current regulations. The legislative chaos, introducing and removing law institutions and solutions in isolation from their functioning under administrative law and the sense of justification of the Constitutional Tribunal, lack of stability and consistency in adopting new solutions, adversely affects not only the condition of science and higher education, but also difficulties in revision of current views of doctrine and case law on this subject.

K otázce pozitivního a "nadpozitivního" práva

Author(s): Jan Spáčil / Language(s): Czech Issue: 1/1997

The article by JUDr. Jan Spáčil discusses the relationship between positive law and natural law, focusing on the concept of "super-positive" law. It examines the dual nature of sovereignty in a democratic state, distinguishing between constituent power (pouvoir constituant) and constituted power (pouvoir constitué). The complexity of these issues lies in the intertwining of political and legal questions. The article critiques the views of various scholars, including Prof. V. Klokočka, who argues that positive law should be subordinate to natural law. Spáčil emphasizes the importance of integrating natural law principles into positive law through formal legal processes. He also highlights the role of legal practitioners in interpreting and applying these principles within the framework of existing legal norms. The discussion underscores the need for a balance between legality and legitimacy in the application of law.

Imunita jako ústavněprávní problém

Author(s): Vojtěch Šimíček / Language(s): Czech Issue: 1/1996

The article explores the complex issue of parliamentary immunity within constitutional law. It examines two extreme positions: one advocating for the complete abolition of immunity to ensure accountability, and the other supporting broad immunity as an essential constitutional institution. The article does not take a definitive stance but aims to answer key questions about the necessity and appropriateness of immunity in the Czech Republic. It discusses the historical context, different legal interpretations, and the practical implications of immunity. The focus is on parliamentary immunity, excluding presidential or judicial immunity. The article highlights the differences between British and French approaches to immunity and their influence on European constitutional frameworks. It also addresses the potential misuse of immunity for political purposes and the challenges in balancing immunity with legal accountability. The conclusion suggests that while immunity is crucial for parliamentary function, its scope and application need careful consideration to prevent abuse.

Vymezení trvalého pobytu ve volebním právu (současně návrh de lege ferenda)

Author(s): Jan Filip / Language(s): Czech Issue: 1/1996

The article discusses the concept of **permanent residence in the context of electoral law in the Czech Republic. It highlights the evolution of this requirement since 1989 and its implications for acquiring and exercising voting rights. The author emphasizes the constitutional issues related to linking voting rights with permanent residence in parliamentary elections, contrasting it with the necessity of this link in municipal elections. The article also explores the interpretations of permanent residence in administrative and judicial decisions, suggesting that formal registration should be the decisive factor. The author proposes legislative changes to clarify the definition of permanent residence to ensure equality in voting rights. The discussion includes references to various legal provisions and court rulings that have shaped the current understanding of permanent residence in electoral law.

Działalność Studenckiej Poradni Prawnej w czasie pandemii COVID-19

Author(s): Kamil Najjar / Language(s): Polish Issue: 2/2020

Legislacyjna transformacja krajowego rynku gazu ziemnego poprzez biogaz na przykładzie rynkowych platform współpracy

Author(s): Maciej Włodek / Language(s): Polish Issue: 2/2021

In order to achieve the assumptions of the European Green Deal program by 2050, it should be emphasized how important is the cooperation between market participants: government, local governments, enterprises and citizens in order to fulfill the program assumptions. The essence that shapes cooperation platforms is Art. 7, points 7a and 7b of Directive 2012/27 / EU, which contains provisions on the involvement of energy service providers, citizens, as well as accredited entities and public authorities. I based my content on the implication of Directive 2018/2001 (Renewable Energy Directive II), on the promotion of the use of energy from renewable sources on market participants and the regulation (EU) 2019/941 on risk preparedness in the electricity sector and related to ensuring security of renewable energy. The above regulations show the essence of energy and climate decisions made at the national and neighboring countries level, and generally on energy prices, security of supply, emissions and mutually. Within the framework of a specific REE, as an example, agricultural biogas was analyzed, but also biogas from a landfill on the example of a case study of the city of Tarnow and the energy cluster established there. Legislative and economic difficulties in the development of agricultural biogas plants in Poland in relation to the German market were diagnosed, such as the lack of feed-in tariffs or the issue of certificates of origin. The considerations show the paths of introducing a system of incentives for market participants and identifying the key measure of renewable energy sources (specificity of the region) to be used by market participants.

Scripting Justice: Intersecting Law, Culture, and Gender in Hindi Cinema’s Portrayal of Domestic Violence

Author(s): Navin Sharma,Priyanka Tripathi / Language(s): English Issue: 12/2023

Domestic violence in the Indian context becomes complex with the interplay of law and prevalent socio-cultural dimensions vis à vis women. This article analyzes the representation of domestic violence in select Hindi films: Agni Sakshi (With Fire as Witness) (Ghosh, 1996), Daman: A Victim of Marital Violence (Subjugation: A Victim of Marital Violence) (Lajmi, 2001), and Mehndi (Henna) (Khan, 1998). These films conceptualize the legalistic matter of domestic violence in two ways: one, in the form of battering, sexual, emotional, and verbal abuse by a psychopathic husband, and two, as family violence caused by the social evil of dowry. By exploring the fictional screening of the issue of domestic violence, this article analyzes how such depictions have been co-related to contemporary legal discourses. Our article investigates how films contribute to the understanding of domestic violence within the context of legal matters and reveal the underlying feminist or patriarchal values. Through textual analysis of the film texts, we hypothesize that they often reinforce patriarchal narratives by portraying domestic violence as isolated incidents related to husbands’ psychopathy or dowry issues.

Vijeća nacionalnih manjina u Hrvatskoj kao oblik neteritorijalne autonomije – između sna i jave

Author(s): Tijana Vukojičić Tomić / Language(s): Croatian Issue: 2/2023

This paper deals with the role of national minority councils through the prism of the concept of non-territorial autonomy. These councils were established as institutes for minority representation, aiming to strengthen the influence of national minorities on local and regional politics in the part related to their position. Similar forms of minority representation are established in most European countries and are often analysed within the concepts and distinction of non-territorial autonomy and territorial autonomy. As will be shown in the paper, territorial autonomy presupposes a much higher degree of autonomy for minority institutions in deciding on issues important for national minorities. It is more suitable for countries where these minorities reside in certain parts of the national territory. In practice, we often encounter minority political institutions that have features of non-territorial autonomy. These institutions can assume various forms and achieve different degrees of autonomy in deciding on local policies and affairs of interest to minority groups. Although councils of national minorities possess substantial democratisation potential and can significantly contribute to the position of national minorities, previous research does not support this claim. The purpose of this paper is twofold: (i) to determine whether national minority councils constitute an institutional form of nonterritorial autonomy and (ii) to assess their actual role in promoting and protecting the interests of national minorities within local political processes. In order to examine this, the paper employs legal analysis, a review of secondary data available in scientific and professional literature, and a direct analysis of available data on the financing of national minority councils and voter participation in elections for these councils. The role of national minority councils is analysed in four aspects: the legal basis of non-territorial autonomy, the right to self-regulation, the right to establish own decision-making bodies and their scope of work, and their financing. In addition, the voter response to council elections is analysed as a possible indicator of the legitimacy of directly elected bodies. With regard to the legal basis of their establishment, it can be concluded that they enjoy the highest level of protection, having been established by constitutional law, which, due to the adoption procedure, holds a position between the Constitution and other organic laws. Furthermore, the Constitution of the Republic of Croatia guarantees members of national minorities the right to cultural autonomy, and the councils are an expression of the explicitly recognised collective rights of national minorities. They were established as a collective entity with legal personality. The legislator intended to establish councils as “minority self-government” institutions in local and regional self-government units. However, many authors state that, for a number of reasons, councils cannot be characterised as such. This brings us to their real role, manifested in the right of councils to self-regulation, self-organisation and the establishment of their own decision-making bodies as essential determinants of non-territorial autonomy. The councils adopt various acts, including a statute regulating important aspects of their operation, a work programme, a financial plan, a final account, and other internal acts governing matters crucial to their functioning. They also have their own decision-making bodies, primarily the president and deputy president of the council, and have the authority to establish other working bodies. However, the council’s powers are regulated by constitutional law and are reduced to a solely consultative role. Therefore, the question arises as to their actual influence in shaping political decisions related to the interests of national minorities, as they depend on the cooperation and will of local political actors in this regard. Another problem is the limited financial and administrative resources available for their functioning. The political legitimacy of the council, gained through minority electorate participation in elections, is also questionable, given the extremely low voter turnout across all election cycles. This is also an indicator of the council’s non-recognition as a relevant entity in protecting the rights of national minorities at the local level. To conduct a deeper analysis of the actual role of national minority councils and verify their influence in individual local communities, empirical research is necessary. The paper concludes that, although councils have a high level of legal protection, political legitimacy, internal bodies, and institutional experience, they are confined to a consultative role and lack significant influence over local political processes important for national minorities.

SOSYALİST YUGOSLAVYA DÖNEMİNDE KOSOVA’YA İLİŞKİN ANAYASAL STATÜ DEĞİŞİKLİKLERİNİN SİYASİ TEMELLERİ

Author(s): Ditar KABASHI,Tolga KARPUZ / Language(s): Turkish Issue: 1/2024

Depending on internal and external political developments, many constitutional changes were made in the Socialist Federal Republic of Yugoslavia throughout its history. The evolution of socialist practices, differences of centralist and autonomous approaches towards the republics forming Yugoslavia, and the rise of nationalist movements formed the basis of these constitutional changes. The political effects of these constitutional amendments in Kosovo which later gained republic status and witnessed years of ethnic tensions between Albanians and Serbs, constituted turning points in the political history of Kosovo. Initially considered as part of the Socialist Republic of Serbia with a centralist perspective since 1946, Kosovo's constitutional status began to improve legally and administratively with the federal constitutional amendments of 1968 and 1971. Most especially with the 1974 Yugoslav Constitution, Kosovo attained a position almost equal to the federal republics in terms of authority despite being an autonomous region. But after Tito's death, in the 1980s, the escalation of nationalist discourse and movements in Yugoslavia began to disrupt the functioning of the federal government. The abolishment of Kosovo's autonomy in 1989 should be assessed as a result of this process. From that point onwards, the political unrest in Kosovo gradually escalated into ethnic conflicts, leading to a struggle that eventually culminated in independence, declared in 2008.

Since The Beginning of The War in Ukraine . . . .

Author(s): Not Specified Author / Language(s): English Issue: 1/2024

Since the beginning of the war in Ukraine, Milorad Dodik has been systematically suspending the authority of the state of Bosnia and Herzegovina in the Republic of Srpska (RS) and paving the way for its secession. The Serb lawmakers have voted for the suspension of the rulings of the Constitutional Court of Bosnia and Herzegovina, which some experts interpret as a “legal secession” and the violation of the Dayton Agreement. Numerous anti-constitutional actions of the Republic of Srpska continuously reduce the state functions including the rule of law and security.

Od početka rata u Ukrajini . . . .

Author(s): Not Specified Author / Language(s): Bosnian Issue: 1/2024

Od početka rata u Ukrajini Milorad Dodik sistematski suspenduje državu BiH u Republici Srpskoj (RS) i utire put njenoj secesiji. Poslanici Republike Srpske glasali su za suspenziju odluka Ustavnog suda BiH, što neki stručnjaci tumače kao “pravnu secesiju” i kršenje Dejtonskog sporazuma. Brojni antiustavni potezi RS u kontinuitetu redukuju funkcije države na području vladavine prava i bezbednosti. Na taj način je situacija u Bosni i Hercegovini dovedena do kritične tačke, uprkos svim sankcijama koje je Zapad nametnuo, ne samo Dodiku, već i drugim čelnicima RS.

GENERAL ASPECTS REGARDING THE PROTECTION OF NATIONAL MINORITIES WITHIN THE INTERNATIONAL LEGAL ORDER AND THE CONSTITUTIONAL SYSTEM FROM ROMANIA

Author(s): Ana-Daniela Bobaru / Language(s): English Issue: 2/2024

The protection of the rights of national minorities has always been a topic of interest at the international level, but more importantly at the national level, still remaining a topical subject in the contemporary legal landscape. Made out of the need to contribute to the continuous promotion of the protection of the rights of national minorities, through the correct understanding of the legal nature and content of the rights specific to this category of persons, present work, structured in three sections, offers the opportunity to respond to concerns in the field of human rights protection, in general, and the protection of the rights of national minorities at the international level and at the level of the Romanian constitutional system, in particular.

Realizacja zasad wyborczych podczas wyborów parlamentarnych i referendum ogólnokrajowego w Polsce z 15 października 2023 r

Author(s): Krystian Kurkowski / Language(s): Polish Issue: 1/2024

On October 15, 2023, parliamentary elections were held in Poland, which werecombined with voting in a national referendum. This project aroused numerous criti-cisms, which referred to the violation of electoral rules regulated in the Constitution.The aim of this study is to analyze whether the last elections combined withvoting in a national referendum implemented the electoral rules provided for by law,and specifically the legal act with the highest legal force – the Constitution of theRepublic of Poland.The analysis conducted leads to the conclusion that the parliamentary elections,which were held together with a nationwide referendum, did not fully meet the electoralrules regulated in the Constitution. Namely, there was a violation of the principle ofequality in its material aspect. This is exemplified by the disproportion in the numberof deputies running in relation to the number of people entitled to vote. Moreover, theelections were not equal insofar as this principle relates to equality of opportunity inthe conduct of an election campaign. The last elections also did not fully implementthe principle of secrecy. Refusal to collect the referendum card clearly placed the voteron one side of the political scene.

Modern Czech Constitutional Traditions and their Origins

Author(s): Jan Kudrna / Language(s): English Issue: 119/2024

A natural subject of interest, whether in constitutional comparatistics or in political science, is the so-called constitutional traditions of individual countries. By constitutional traditions we mean a certain way of dealing with a particular issue that is repeatedly used in the constitutional system of a given country and can be described as typical for that country. Traditions are of interest because they link the past to the present, shape it and through it influence the future. For a particular way of dealing with law or society to be described as traditional, it needs to be universally accepted and for a long time. The 30-year period of the independent Czech Republic is insufficient in this respect. However, the connection with Czechoslovak statehood, to which the Czech Republic openly adheres both formally and in day-to-day politics, provides a reasonable basis for judging a 105-year solution as 'traditional'. Moreover, given that this was a very dynamic period, it is even more appropriate to describe as traditional what has survived over the whole period, i.e. what has proved itself. In the case of the Czech Republic, the emphasis on republicanism, the parliamentary form of government and the strengthened position of the President of the Republic can be described as modern constitutional traditions based on a proper analysis.

1962-1980 ARASINDA ANAYASA MAHKEMESİ VE SİYASAL AKTÖRLERİN İLİŞKİSİ: HEGEMONİK KORUMA TEZİ’NE ELEŞTİREL BİR YAKLAŞIM

Author(s): Gülce Tarhan Çelebi / Language(s): Turkish Issue: 1/2024

The Constitutional Court of Turkey (CCT), since its establishment in 1962, emerged as a significant actor that not only overrules the decisions of the Parliament but also takes part in most divisive political issues. Hence, there has been a growing literature explaining its role and relations with other political actors. The primary purpose of this article is twofold: (i) analyzing the relations between the Court and other political actors between 1962 and 1980 and (ii) proposing an alternative theoretical framework to explain the development and the nature of this relationship. The article challenges the dominant view explaining the CCT's role through Ran Hirschl’s Hegemonic Preservation Thesis and proposes an alternative, more nuanced explanation based on Joel Migdal’s State-in-Society approach.

Jednoizbowość słowackiego parlamentu i propozycje zmiany jego struktury

Author(s): Bogusław Pytlik / Language(s): Polish Issue: 70/2023

The article highlights the formation of Slovakia’s highest representative bodies from the mid-19th century to the second half of the 20th century. The article then goes on to describe the process of drafting the Constitution of the Slovak Republic of 1 September 1992 and the importance of the fundamental structure of the parliament and the reasons why the authors of the final draft of the constitution, as well as the MPs who adopted it, turned out to be supporters of unicameralism. The main focus of the deliberations is devoted to the proposals to establish a second chamber of the Slovak Parliament, which were put forward mainly between the years 2000 and 2008. The basic solutions contained in the drafts authored by Slovak political parties, individual politicians, non-governmental organisations or governmental documents indicate the fundamental reasons for putting forward such a concept, which, since the establishment of the Slovak Republic in 1993 until present day, has not enjoyed the interest of politicians from both the governing and opposing political parties.

V Republika Francuska wobec dziedzictwa historycznego

Author(s): Kazimierz Michał Ujazdowski / Language(s): Polish Issue: 71/2024

The historicity of the Constitution of the Fifth French Republic has a special dimension. In the preamble and in the articles of the first Chapter, reference is made to the heritage of the French Revolution and identification with its principles is emphasised. We are therefore dealing with a case of the Constitution that explicitly refers not to the entire historical heritage of France but to an exceptional moment in its history. This reference has a very real meaning because the legacy of the French Revolution affects the constitutional reality of today’s France. This applies in particular to the specially conceive d idea of the sovereignty of the nation, the principles of indivisibility and the secularity of the Republic. At the same time, under the Constitution of the Fifth Republic, there has been an interpretation of the legacy of the Revolution in terms that are critical of the Jacobin tradition, which allowed for a broad consensus on it. On the other hand, it can be argued that the Constitution is not fully representative in the dimension of history, as the legacy of pre-revolutionary France occupies a vital place in public education and in the politics of memory.

100. YILINDA TÜRKİYE CUMHURİYETİ’NİN İLK ANAYASASI 1924 TEŞKİLAT-I ESASİYE KANUNU

Author(s): Müzehher YAMAÇ / Language(s): Turkish Issue: Spec. Iss./2024

The 1924 constitution, which is the first constitution of the Republic of Türkiye, was accepted by the Turkish Grand National Assembly on 20 April 1924. This text, which had been remained in force for 36 years, has a special place in Turkish history while it determines the full legal framework of the Republic of Turkey and is the first in many aspects. The reason why it is the first constitution of the Republic of Türkiye is that the 1921 Constitution was created before the republic was declared. In addition, since it was a war period and Ottoman Empire was still continuing legally, it is not right to talk about this constitution as first. In order to eliminate the legal deficiencies of the newly established Republic of Türkiye, the 1924 Constitution had to be drawn up. This Constitution, which meets the needs of the period that it was created in, was prepared on the principle that sovereignty belongs only to the nation and will be used only by the Turkish Grand National Assembly. This study examines the 1924 Constitution, which constituted the fundamental values of the Republic of Türkiye 100 years ago. It aims to analyze the formation process under historical conditions, its features, provisions on organs, changes over time and criticisms of the Constitution through the minutes of the period and literature sources.