Suchergebnisse

The monography provides a comparative analysis of the constitutional review bodies' activities, their status and efficiency in different Post-Soviet States. It deals with the complex description of the constitutional provisions' compliance, the problems of legal mechanisms and stability, evolution of the local legislation. In this book the authors provide a detailed report of the constitutional review institutions' problems in the process of ensuring its legislative position. In this context we find in the research a description of the legal, political risks of the constitutional control in Post-Soviet States, its social perception and the predictability of its legal systems' development. This work integrates the unique structure of presentation and research materials. By the reflection of this type the authors lay the base for continuing further researches of constitutional review development dynamics in the countries of the region.

The article tries to bring to the light the role of symbolism in the organized human life, in general, and the contemporary societies with the accelerating changes almost in all social structures, in particular. The rational of symbolism in changing socio-political and legal environment creates complexity of the issue, which has been studied in the article, taking into account the methodology of complex system theory. The interconnectivity and interdependency of law, morality and politics create the picture of synergy of different social norms with each other in changing environment. Their positive synergy is able to create a perception of the 'ethical state' – the focal point of equilibrium expressed in the attractor of future admired development. In the legal perspective, the symbol of that attractor appears to be the constitution as the society's and the nation's symbol of coexistence based on the values of mutual past, necessary present and admired future. It is substantiated that the Constitution is the phenomenon, representing a concrete constitutional idea and constitutional identity, and should be the one to be considered as such in a lot of people's minds if we intend to have a proper constitutional system and values. Hence, the Constitution is not just a document with a highest legal force, but also a symbol of a concrete constitutional system, and from this viewpoint the Basic Law has a symbolic significance. The authors substantiate that the mentioned significance of the Constitution makes it clear that constitutional policy in any state should be established and implemented in a manner, obviously demonstrating an attitude towards the Constitution, in the frames of which it is considered as a symbol of a concrete constitutional system. The most important circumstance in this context is to never transform the Constitution (directly or indirectly) from a symbol to an instrument in the hands of both the people and the state power and the whole constitutional policy of the state should be based on the discussed essential idea. Moreover, according to the authors the Constitution should not be subject to amendment parallel to every change of political situation of the state or formation of a new political majority merely conditioned by the mentioned changes. The Constitution has a fundamental role from the aspect of regulating social relations, has symbolic significance and can't be used just as a tool for solving ongoing political problems.

There are two dates of particular importance for Polish collective memory, namely 11November 1918 – the day of the regaining of independence after 123 years of partitions, and 4 June 1989 – the day which started the process of Poland regaining its full internal and external sovereignty. These two turning points determine the beginnings of the respective discourses on the directions of changes in the political systems of the Second and Third Republics. This paper focuses on the discourses concerning the political systems during the periods of transition and is based on the content of The March Constitution of 1921 and The Constitution of the Republic of Poland of 1997. A basic law is a text of fundamental importance for any countryas it establishes the principles of its organisation, regulates the functioning of its institutions and determines the position of the citizen vis-à-vis the state. It is also a testimony to various understandings of the notion of nation and to a considerable extent determines a sense of national and state community as well as citizens' collective ememory. ; There are two dates of particular importance for Polish collective memory, namely 11November 1918 – the day of the regaining of independence after 123 years of partitions, and 4 June 1989 – the day which started the process of Poland regaining its full internal and external sovereignty. These two turning points determine the beginnings of the respective discourses on the directions of changes in the political systems of the Second and Third Republics. This paper focuses on the discourses concerning the political systems during the periods of transition and is based on the content of The March Constitution of 1921 and The Constitution of the Republic of Poland of 1997. A basic law is a text of fundamental importance for any countryas it establishes the principles of its organisation, regulates the functioning of its institutions and determines the position of the citizen vis-à-vis the state. It is also a testimony to various understandings of the notion of nation and to a considerable extent determines a sense of national and state community as well as citizens' collective ememory.

Przedmiotem artykułu są pokomunistyczne przemiany ustrojowe rozpatrywane w perspektywie politologii i ekonomii politycznej konstytucjonalizmu. Pierwsza część dotyczy występujących w literaturze założeń teoretycznych oraz hipotez empirycznych. Nacisk położono na wybór typu rządów, rodzaju ordynacji wyborczej i organizacji pionowej państwa. Część druga proponuje model teoretyczny służący wyjaśnieniu dróg przemian ustrojowych i ich skutków. Zawiera on czynniki wewnętrzne i zewnętrzne. Wśród pierwszych główną rolę odgrywa stopień zdominowania społeczeństwa przez komunistyczne monopaństwo: im jest większy, tym wyższe prawdopodobieństwo ustroju autorytarnego. Czynnik zewnętrzny to położenie kraju w stosunku do Zachodu (Bruksela) lub Wschodu (Moskwa): bliskość Moskwy podnosi prawdopodobieństwo opcji autorytarnej. Analiza strategii przemian ustrojowych skupia się na wyborze typu rządów oraz ordynacji wyborczej. Efekty transformacji mierzone są za pomocą zagregowanego indeksu ustroju politycznego. Uzyskane rezultaty odbiegają od przewidywanych na podstawie teorii przedstawionej w pierwszej części artykułu.JEL: A10; A12; B25; P10; P20; P21; P30 ; While there is a wealth of studies on selected aspects of economic and political transitions from communism, there are few, if any, analyses of the emergence of new political orders in terms of constitutional engineering, i.e. the adoption of the meta-rules governing the rules defining both the political structure and determining underpinnings of the ordinary law-making process. The paper begins with the review of menu of institutional choices related to type of government, electoral system and vertical organisation of the state and their impact on performance as reported in political science and constitutional political economy literature. It is posited that the binary outcome: democracy vs. autocracy is a function of two variables assuming two values: society (weak vs. autonomous sovereign citizen) and communist establishment (strong vs. weak). A strong communist state at the initial state of transition produces autocratic outcomes although proximity to Brussels may change political trajectory whereas a strong autonomous society generates trajectory leading to democracy. Surprisingly, the choice of the rules of political game bore little resemblance to what literature might suggest: ordinary political struggle has determinedthe choice of institutions with constitutions as a legal act being the result rather than a product of conscientious intellectual design.JEL: A10; A12; B25; P10; P20; P21; P30

The influence of French constitutionalism on the Polish legal order is still present in the studies and analyses of the doctrine of constitutional law. Indeed, the French constitutional tradition forms part of the European legal heritage to which the founders of Polish statehood readily referred. The present text outlines the main thoughts and ideas which, over a period of more than two hundred years – from the second half of the 18th century to the present day – have influenced the constitutional shape of the Polish state either by way of recapitulating or negating various institutional solutions.

This article will analyse the Polish constitutional regulations on the numer of parliament in comparison with the relevant provisions of the basic laws of the other 26 EU member states, and Great Britain. In particular, a comparison will be made between the Polish proposals to reduce the number of parliamentarians and the regulations adopted in the Italian Constitutional Law of 2019, together with their justification. The analysis of these issues allows the conclusion, that the number of parliamentarians in Poland is relatively high compared to the so-called large European countries. In the conclusions will be presented the proposals for changes to Polish constitutional provisions regarding the number of members of the Sejm.