Przesłanki i tryb przejmowania obowiązków Prezydenta Rzeczypospolitej Polskiej w ramach tzw. władzy rezerwowej

Author(s): Sławomir Patyra / Language(s): Polish Issue: 2/2013

The article concerns the conditions and procedures of the taking over the duties of the President of the Republic of Poland by the Marshal of the Sejm or by the Marshal of the Senate in two varianties according to the Article 131 of the Polish Constitution of 1997. First of them takes place if the President of the Republic is temporarily unable to discharge the duties of his office. The Constitution of 2nd April 1997 does not clearly determine the circumstances that warrant this situation but determines the procedure of the taking over the duties of the President of the Republic. In the event of the temporary inability to discharge the duties of the office the President of the Republic shall communicate this fact to the Marshal of the Sejm, who shall temporarily take over the duties of the President of the Republic or the Constitutional Court – on request of the Marshal of the Sejm – shall require him to temporarily perform the duties of the President of the Republic. The second variant takes place in the event of a vacancy in the office. Article 131 § 2 of the Polish Constitution determines the following situations where such a vacancy is deemed to occur: the death of the President of the Republic; the President’s resignation from office; judical declaration of the invalidity of the election to the Presidency or other reasons for not assuming office following the election; a declaration by the National Assembly of the President’s permanent incapacity to exercise his duties due to the state of his health, adopted by a majority vote of at least two- thirds of the statutory number of members of the National Assembly; dismissal of the President of the Republic from office by a judgement of the Tribunal of State. In such circumstances the Marshal of the Sejm shall discharge the duties of the President until the next President will be elected. Furthermore the article presents the analysis of issue of the scope of constitutional responsibility of the Marshal of the Sejm or Marshal of the Senate who discharge the duties of the President of the Republic.

Wincenty Skrzetuski o Trybunale Koronnym i Litewskim

Author(s): Wojciech Organiściak / Language(s): Polish Issue: 1/2013

Wincenty Skrzetuski, an outstanding political writer, lawyer and historian, in his handbook Prawo polityczne narodu polskiego – The Political Right of Polish Nation – or – The Constitutional Law of Polish Nation), when discussing the issue of the functioning of the political and legal system of the gentry Republic, presented a short draft about the Crown and Lithuanian Tribunal, which were the gentry’s supreme court in the years 1578–1794. For the gentry the Tribunal was the supreme court, to which appeals were made from lower courts, both in civil and criminal suits. Polish piarist made interesting digressions which showed some of the weak points of the functioning in the Tribunal. Wincenty Skrzetuski, discussing a procedure of the supreme court sessions. A characteristic feature of the Tribunal was the fact that it was not divided into specialized departments investigating several cases simultaneously. It was decided that the passed judgments would only have the proper authority if they were passed by all the judges from Poland and Lithuania, who in this way represented the majesty of the gentry Republic. The opinions and viewpoints presented by Skrzetuski allow to ascribe him to the group of the Polish political writers, who postulated some drafts of the reforms in the Polish- Lithuanian Commonwealth.

Anna Gronkiewicz Organizacja społeczna w ogólnym postępowaniu administracyjnym Wolters Kluwer Polska, Warszawa 2012, ss. 348

Author(s): Karol Dąbrowski,Tomasz Dąbrowski / Language(s): Polish Issue: 2/2013

A Book Review

Etyczne dylematy prawa (kara śmierci, aborcja i eutanazja) w świetle badań polskiej opinii publicznej

Author(s): Małgorzata Stefaniuk / Language(s): Polish Issue: 1/2013

The present study comprises three selected ethical dilemmas of law but regarded as the most fundamental: death penalty, abortion, and euthanasia. What they have in common is a close relationship with the legal protection of the life of every human being as provided for in Art. 38, the Republic of Poland’s Constitution of 2 April 1997. The general character of the constitutional provisions caused these highly controversial issues to be left for ordinary legislation to address and for public debate, which was intensified in recent years. Public opinion polls concerning the issues in question show that in Poland supporters of the death penalty still outnumber its opponents. Opinions on the admissibility of abortion and euthanasia are divided almost in the literal sense of the word, the differences between the supporters and opponents of these kinds of behavior being negligible. It can, however, be observed that the number of abortion opponents is increasing, which may prove that the 1993 regulation successfully played an educational role, gradually strengthening the value of the protection of life, including that of conceived children. The practice of taking into consideration the influence of the public opinion on the content of legislation, arising from the principle of the democratic state ruled by law, requires that the legal awareness of Polish society be constantly improved.

Orzecznictwo Sądu Najwyższego Stanów Zjednoczonych jako autonomiczne źródło tworzenia norm konstytucyjnych

Author(s): Andrzej Bryk / Language(s): Polish Issue: 3/2016

The landmark decisions of the Supreme Court change the ethos of adjudicating. The substantive due process doctrine allowed the Court to become an actual lawgiver. This doctrine widely extended the understanding of the due process clause of the 5th and 14th Amendments. Increased power of statutory construction corresponded with the doctrine of loose constructionism (living constitution). Decisions like Griswold v. Connecticut and Roe v. Wade created new constitutional rights, emanating from the radical liberal anthropology. Adjudication became a field of an ideological battle in the culture war over anthropology determining the law’s content. In the classical and Christian understanding, being free is considered as having one’s identity discovered as an ontological constant, thus allowing an individual to develop himself according to the nature’s essence. The liberal anthropological revolution defines freedom as a power of self-creation, serving individual’s preferences. The liberal elites, employing ideas of social engineering, attempt to enforce rules based on coexistence and relationship of equal rights. Individual rights emanate from the autonomous, personal choice of life values, the key of the constitutional interpretation. The wider this right of self-definition, the wider the scope of the state’s intervention. In Griswold v. Connecticut the right to privacy signified deep cultural change rooted in such an anthropology. This “emancipation project” is thus built on an axiology destroying relations, becoming a kind of a religion of secular salvation. The state serves here as a demiurge and is sacralized. This causes an increasing abyss between the elites and the rest of the citizens, with a corresponding social disintegration of it’s public life. For instance Obergefell v. Hodges enforces a new anthropological definition of marriage, beginning to delegitimize creeds and actions of religious communities. This reflects a global phenomenon of connecting individual liberal rights with politics of identity and the post-modern culture of right understood as autonomous will without reasoning about its ontological, universal basis. The Supreme Court decisions are not separated from wider culture, but based on the new anthropological understanding of man as a consumer, with his individual will becoming the very basis of rights.

Galicyjski Sejm Krajowy wobec namiestnictwa w początkach ery konstytucyjnej w Austrii

Author(s): Andrzej Dziadzio / Language(s): Polish Issue: 3/2016

The Diet of Galicia and Lodomeria had no legally binding means to influence the activity of the government. Despite the unsuccessful attempt to strengthen its position relative to the government administration, the Diet used its available powers to affect the administrative actions of the government. The results of these interpellations were varied. In cases where the local interests and those of the Vienna government were divergent, the Diet was not able to persuade the government to alter its policy, as demonstrated by the futile efforts to convince the government to take a more liberal position on the matter of the Polish refugees. However, in cases where the national interest and the political plans of the central government could be reconciled, the actions of the Diet were more effective. The central government cooperated with the autonomous Galician institutions on matters like education or military service.

Metodologiczne wizje i koncepcje G.L. Seidlera

Author(s): Lech Dubel / Language(s): Polish Issue: 1/2014

The methodological concepts of Grzegorz Leopold Seidler touched upon numerous important issues involved in the cultivation of legal sciences. Formulated on different levels of abstraction, they addressed the most significant issues of the academic discipline of law, as well as other social sciences. In the field of legal sciences, they were mainly connected with the philosophy of law, the theory of law, the history of political and legal doctrines, the history of the State and law, and the constitutional and administrative law. However, His academic research interests also corresponded to the political sciences, and the theory of organisation and management. Frequently, these were the visions and ideas which turned into concepts due to the endeavours by Professor, or subsequently his students. Tue same was the case with the history of political and legal doctrines, a research discipline that has been cultivated since the nineteenth cenrury. His ideas were, however, rooted in a concrete historical situation. The whole academic research life of G.L. Seidler was characterised, among other things, by the attempt to define the subject and the method of his basic research area and exposition, i.e. the political and legal thought. It needs to be emphasised that he was not only interested in the history of legal thought, but the modern political thought as well. The methodological pursuits and their consequent continuation that were actually present in nearly all of the author's works, inspire admiration for their pioneering nature as well as the depth of exploration of this research area. The critical appraisal of the methodological proposals by G.L. Seidler covered the definition of the research subject, i.e. the approach and concept of doctrine, the proposal to systematise the periodisation of political thought, and certain conclusions stemming from the applied research method. The importance of these studies may be evaluated on many levels. Among the most major ones seems to be its capability to inspire a discussion among the historians of political and legal thought concerning the author's theses. Another aspect of the appeal of the methodological ideas is the extent of its acceptance, i.e. whether and to what extend it was accepted by historians of doctrines. The author of the present article puts forward a thesis that in both aspects Grzegorz Leopold Seidler's thought was academically significant and still is an important source for the methodological reflections by contemporary authors.

Czy prawo Polski Ludowej było prawem słusznym?

Author(s): Wojciech Dziedziak / Language(s): Polish Issue: 1/2014

The article discusses the issue of equitability of the law of the People's Republic of Poland. The author bases the theory of equitable law ou the following values: truth, good, justice and human dignity. Equity, thus understood, pertains to the processes of both making and applying law. The article defines the above-mentioned values. It adopts the basic classical understanding of truth as the adequation of intellect to things (veritas est adaequatio intellectus et rei). Creating norms involves the truth about the reality, induding the truth of the existential dimension of the human being that is to be (should be) the starting point for making equitable law. Good is understood as the good in the moral sense as the good of man and the common good. Justice is understood in the classical sense, i.e. it is about 'rendering every man his due' (ius suum cuique tribuendi). The dignity of man as one of the values coustimring equity is understood as inherent (innate) inalienable and indestructible, i.e. the individual dignity. It is the basis of human rights. It is the basis and source of all human rights and their protection. The study undertaken indicates that the law of the Polish People's Republic flagrantly violated each of the values that make up equity. Thus, it was not equitable law. In particular, the law was based on the reductionist concept of man (anthropological error), was of class character (the dictatorship of the proletariat or actually the Marxist-Leninist party), and violated the common good and the good of man. Individual dignity (innate and inviolable) was negated (was not a legal category), the source of freedom and rights was the will of the authority (man did not have own rights - he only bad as many rights as granted by the authority). It majorly violated justice, one manifestation of which was the political class character of the judiciary. Moreover, law was treated instrumentally. There was a discrepancy between the content of law and the practical application of norms (the divergence of the nonnative and the actual reality).

Potpredsjednički sustav i parlamentarizam

Author(s): Smiljko Sokol / Language(s): Croatian Issue: 03/1992

The author believes that the Croatian constitutional model (as a basic feature and a group of institutes which define the relationship between the legislative and the executive power through the constitutional law) happens to be only an institutional variant of parliamentarism which — in all contemporary democracies — in practice finds expression in the form of parliamentarism with its balance tilted in favour of the executive power. According to the author, the reality of the Croatian semipresidential system is in no way essentially different from the reality of the relationship between the legislative and the executive power not only in the French Fifth Republic but also in other developed European democracies. The President of the Republic of Croatia has in fact legal authority or political power in no way larger of those of the President of the French Republic, the German Chancellor, or in particular the British Prime Minister. The author tries to explain and to prove these two theses through a comparative examination of the features of the constitutions in terms of constitutional law, the history of their development, and the contemporary reality of both the full parliamentary and the semipresidential systems.

Pisani ustav za Ujedinjeno kraljevstvo Velike Britanije i Sjeverne Irske — kraj jedne epohe

Author(s): Arsen Bačić / Language(s): Croatian Issue: 02/1994

The text poses the question: does Great Britain need a “written” or “unwritten” constitution? The main issues in the text are the participants in the constitutional debate, certain constitutional reform proposals, the tenor of the debate on “British” constitution and certain consequences ensuing from adopting a “written” constitution for one of the oldest world democracies. The author suggests that the circumstances and the motivational force of the national identity in Great Britain are not yet ready for the revolution of the written constitution.

Transparency of the Polish Government Structure in the Network Perspective

Author(s): Katarzyna Domagała,Mateusz Zieliński / Language(s): English Issue: 3/2017

The aim of the paper is to analyze the constitutional crisis, which occurred in Poland at the end of 2015, shortly after the parliamentary election. Our research is focused on showing the low transparency of the Polish government during this political turmoil. We argue that there are many indirect connections and feedbacks between the main political actors which have an effect in the non-transparent structure of a government, which changes during political turmoil and more stable period of time. In this context the network analysis was used as a main research method to emphasize some of the personal connections between the main politicians.

Tożsamość konstytucyjna Polski Ludowej (zarys problematyki)

Author(s): Tomasz Słomka / Language(s): Polish Issue: 4/2012

Constitutional identity of a state comprises of a form and specificity of the constitutional order shaped by the constitutional tradition, specific character and state of development of international relations (geopolitical factors), influence of various trends in legal and political thoughts, etc. Description of the constitutional identity of the People’s Republic of Poland (1944-1989) must address numerous aspects, including traditions of Polish constitutionalism (e.g. making a reference to principles of a Constitution of 1921), specific character of economic system (planned economy allowing individual ownership, especially in agriculture) and, what seems obvious, dominant influence of Soviet-type constitutionalism.

A környezeti oktatás jövője

Author(s): Máté Julesz / Language(s): Hungarian Issue: 3/2012

A környezetvédelem oktatása alapvetően pedagógiai feladat. A pedagógiai feladatok azonban nem választhatók el teljesen a szabályozási környezettől, hiszen a különféle – szakmai, jogi, erkölcsi stb. – normák határozzák meg a pedagógia mozgásterét. Tehát azt a mozgásteret, melyben az iskolai oktatás folyik.

Local soviets and councils in the Ex-socialist European States with special regard to Hungary (1950–1990)

Author(s): Tamás Antal / Language(s): English Issue: 1/2010

The scholarly study and analysis of the Hungarian council system (1950–90) as a system of institutions and structure of public administration is a novel challenge rarely attempted to date in the field of the history of public administration. Although the period of 40 years under study is still something of a grey area for legal historians, there are already researchers and experts who venture into this territory. In addition to offering a historical overview, the present paper also analyses the life and operation of public administration in a specific historical and legal period from legal and administrative aspects. The council system, although undoubtedly still a subject of much debate and criticism, was definitely a possible form of public administration, and today constitutes an integral part of the history of the 20th century.

ЗА РЕФОРМАТА НА СЪДЕБНАТА ВЛАСТ

Author(s): Maria Slavova,Vasil Petrov,Ivan Georgiev / Language(s): Bulgarian Issue: 3/2011

The Judiciary reform is continuously in the focus of the publicity – before and after the accession of Bulgaria into the European Union. The amendments into the basic Law of the country in 2003, 2006 and 2007 were dedicated namely to the Judiciary reform as well as the numerous amendments and additions to the Structural Law on the Judiciary, the Criminal Code, the Criminal Procedure Law and the new Administrative Procedure Act and Civil Procedure Code. The Administrative Criminal Procedure Code which is under the preparation will be also aimed at improving the judicial system.

Serce rozumne – o państwie, prawie i polityce w dialogu między rozumem a religią

Author(s): Maciej Borsiak / Language(s): Polish Issue: 75/2015

The paper presents and comments on the discussions that took place between cardinal Joseph Ratzinger and philosopher Jürgen Habermas. It concerned the current secularization and a place of religion in a liberal constitutional state. This is an example of how this type of discourse can be carried out in a manner intended to reach an agreement and pointing to the benefits the two „spheres” can draw upon each other. The author attempts to identify a source of a similar diagnosis which is established by both thinkers as well as to indicate how conclusions of the discussions affect the perception of the role of law in the modern state.

Dejton i građansko društvo u Bosni i Hercegovini

Author(s): Žarko Papić / Language(s): Bosnian Issue: 78-79/2017

Ustavom Bosne i Hercegovine (Aneks IV Dejtonskog sporazuma), donesenim u trenucima težnji ka završetku agresije na Bosnu i Hercegovinu i rata nacionalizama u toj zemlji, državno uređenje ustrojeno je tako da svi nacionalizmi budu zadovoljeni. Rezultat je suverena, međunarodno priznata država koja je, istovremeno, administrativno i nacionalno podijeljena (dva entiteta, Distrikt Brčko; deset kantona u FBiH). Pored tog, suverenost Bosne i Hercegovine značajno je ograničena uspostavom OHR-a. U originalnom tekstu dejtonskog ustava riječ “građanin” ne postoji. Pojavila se tek s amandmanima na Ustav o konstitutivnosti naroda.

Międzynarodowa konferencja naukowa pt. Status osoby duchownej we współczesnym państwie, Bańska Bystrzyca – Badin (Słowacja), 11-13 września 2017 r.

Author(s): Michał Ożóg / Language(s): Polish Issue: 20/2017

Łódzkie ośrodki pomocy dla represjonowanych w stanie wojennym

Author(s): Przemysław Stępień / Language(s): Polish Issue: 1/2009

Martial law is still being perceived as “minor evil” near by a half of polish society. Every year on the anniversary of introduction martial law we can follow many discussions on TV. The main topic is “what could have happened, if the Soviet army had crossed polish boarder”. Whereas the topic of assistance of polish Church for “Solidarność” is often being omitted. In the region of Łódź there were two centers of help for the internments members of the opposition and their families. The first: Center of Help for the Dependents, Internments and Their Families was managed by Jesuit father Stefan Miecznikowski. The second: Center of Help for the Unemployed Persons (for political reasons) was managed by priest Antoni Głowa. Both of these centers were cooperating during three years of marital law an giving help and shelter for hundreds of political prisoners and their families. Mentioned centers couldn’t have operated if there hadn’t been efficient support from Metropolitan Bishop Józef Rozwadowski. His person and the whole Episcopal Curia in Łódź became the third, informal center of assistance for members of the opposition. Concluding the problem of martial law there is a need to emphasize that it has many other aspects than political and military ones. Approaching this problem from different sides we can realize that there wouldn’t have been “Solidarność” if there hadn’t been an assistance from polish Church in these hard times.

HEALTHCARE

Author(s): Meliha Lekić / Language(s): English Issue: */2016

The 1995 Constitution of Bosnia and Herzegovina, The Resolution on Politics of Health for all Citizens of Bosnia and Herzegovina, and the Gender Equality Law in Bosnia and Herzegovina all set standards and offer guidelines for organization of a healthcare system that will provide adequate help and protection to all citizens, aiming to improve the standard and quality of health and life, for everyone equally. Reproductive health, as defined by the World Health Organization (WHO), is a state of physical, mental and social wellbeing in relation to all aspects of the reproductive system, throughout one’s life. The Strategy on Reproductive Health published by the WHO in 2004 defines 5 main focus areas in reproductive health: improvement of health in pregnancy, childbirth and health of newborns; offering high-quality family planning services, including the services of treating infertility; eliminating unsafe abortions; tackling sexually transmitted infections, and promoting sexual health.