Teoria federalizmu
In: Z prac Katedry teorii państwa i prawa Uniwersytetu warszawskiego 7
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In: Z prac Katedry teorii państwa i prawa Uniwersytetu warszawskiego 7
Federal structure of American governmental system, shaped by the 1787 Constitution, has survived till now, although governmental institutions have undergone transformations together with the change of socio-economic conditions. The model of dual federalism has given way to the model of cooperative federalism. In spite of the centralist trends started by the New Deal reforms, the (initiatives undertaken by presidents L. B. Johnson (Creative federalism), R. M. Nixon and G. R. Ford (new federalism) mean an attempt at preserving the equilibrium between the federal government and states. Intensification of forms of subsidies used till now (grants-in-aid) and introducing uconditional subsidies (revenue sharing) show that the lack of financial balance did not became for the federal government a signal for taking over the "endangered" state functions, a solution is sought in the way of strenghtening all the levels by subsidies so that can effectively manage their responsibilities as assigned to them by the federal division of tasks. To meet the growing responsibilities a modernization of state governments have been started in mid-sixties. The modernization increased the technocratic potential of state governments and broadened their possibilities in modern management. As alternatives to federal system the following solutions are most frequently quoted: regionalisation, basing local authorities on the institution of ethnic communes, increased importance of towns, the role of local authorities as ombudsman. These radical suggestions have however very little chance to be realized in immediate future, they might be caused only by a great crizis. American system reacts to smaller irregulations by releasing tensions. The immediate perspective goes in the direction of particular transformations aiming at: rationalization and consolidation of local units, revision of constitution and modernization of state level, broadening federal subsidies for states and local governments, increasing federal government's responsibility for securing social services, growth in direct contacts between the federal government and local authorities. No radical centralist or decentralist alternative does constitute a panaceum in American conditions. Attachment to traditional solutions taking in consideration adaptational possibilities of federalism seems to determinate its further functioning. Pragmatic tendencies will show themselves in attempts to modernize all levels of government in purpose to readjust them to changing needs and conditions of life of American society. ; Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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The article is based on the premise that a constructive vote of no confidence is an institution of a political system which provides the best assurance for the stability of government and protection from governmental crises. The conditions and formal requirements of the procedure of a constructive vote of no confidence make it possible to protect a government from the consequences of the activity of an accidental negative majority. The paper aims to present and compare this procedure in the Federal Republic of Germany and Poland in terms of three main aspects: the conditions of its establishment, the actual procedure and the political consequences. A vote of constructive no confidence was introduced in Germany as a consequence of the negative experiences of the Weimar Republic, whereas in Poland it was the rational reasoning of the authors of the Constitution that provided for the procedure. The differences between the German and Polish procedures concern, among other things, the structure of the motion, the number of obligatory signatures under the motion, and the period from submission of the motion to the vote. The most fundamental political consequences of a vote of no confidence concern the strengthened position of the government and its leader, stabilization of the political system and enabling minority governments to be established. The paper concludes with the observation that a constructive vote of no confidence influences the political system and all its fundamental elements, protects the government and makes the parliamentary system more rational.
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Artykuł wydano na licencji Commons CC-BY-NC-ND 3.0 Polska i został dodany do repozytorium przez przedstawiciela redakcji. ; Przedmiotowy artykuł poświęcony jest przedstawieniu organizacji i funkcjonowania organów państwa szwajcarskiego prowadzących politykę zagraniczną. Omawia podstawy konstytucyjne prowadzenia polityki zagranicznej przez parlament federalny, rząd federalny (ze szczególnym uwzględnieniem Departamentu Spraw Zagranicznych) oraz zadania szwajcarskich misji dyplomatycznych. Ponadto ukazuje cele, polityki i maksyma współczesnej polityki zagranicznej Konfederacji Szwajcarskiej. ; The article is devoted to the presentation of the organisation and operation of the Swiss authorities of the Member State carrying out foreign policy. Discusses the constitutional basis of conducting foreign policy by the Federal Parliament, the Federal Government (with particular reference to the Department of Foreign Affairs) and the tasks of the Swiss diplomatic missions. In addition, it shows the objectives, policies and maxim of modern foreign policy of the Swiss Confederation. ; Artur Potocki
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Switzerland is an example of a state that has adopted specific solutions as regards the election and execution of executive power, which has generated the common conviction that the Swiss Confederation is among the most solid democracies in the world. Recent years have shown, however, that political practice has brought about a significant evolution of Swiss solutions as the distribution of power in the parliament has resulted in the abolition of the 'magical formula' that guaranteed the great (and stable) government coalition, and the emergence of initiatives aiming at changing the principles along which executive power is elected in Switzerland. The purpose of considerations presented in this paper is to analyze the specific character of how the executive institutions function in the Swiss Confederation, answer the question of what directions the changes to the composition of the Federal Council are taking, as well as address the directions of evolutionary changes to the principles of electing the members of the Swiss government. ; Switzerland is an example of a state that has adopted specific solutions as regards the election and execution of executive power, which has generated the common conviction that the Swiss Confederation is among the most solid democracies in the world. Recent years have shown, however, that political practice has brought about a significant evolution of Swiss solutions as the distribution of power in the parliament has resulted in the abolition of the 'magical formula' that guaranteed the great (and stable) government coalition, and the emergence of initiatives aiming at changing the principles along which executive power is elected in Switzerland. The purpose of considerations presented in this paper is to analyze the specific character of how the executive institutions function in the Swiss Confederation, answer the question of what directions the changes to the composition of the Federal Council are taking, as well as address the directions of evolutionary changes to the principles of electing the members of the Swiss government.
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The aim of the article is to present the role of Germany in the geopolitical game over Ukraine. It consists of three parts, in which successively were presented: general frameworks and the geopolitical dimension of Ukrainian crisis, the controversies around Ukrainian crisis policy towards Russia in Germany, and the role of a federal government in the geopolitical game over Ukraine in the period 2013–2015. The general thesis of the article is that despite internal controversies in Germany the CDU/CSU/SPD government works to keep the armistice in Donbas (Minsk I and II) as a foreground premise for carrying out long-range reforms and reconstruction of Ukraine as a associated partner of the EU, at the same time heading toward gradual search of agreement and compromise with Russia. In spite of criticism on the part of some NATO and EU members Germany entirely exclude weapon supplies to Ukraine, betting on the long-term need of peaceful resolution of Ukrainian crisis and demure the possibility of Ukraine's membership in NATO.
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After Scottish Devolution referendum in 1997, Parliament of United Kingdom passed the Scotland Act 1998, creating the Scottish Parliament and Scottish Executive. Changes in United Kingdom structure created situation similar to federal countries, where national and regional governments need to cooperate and coordinate their activities. Intergovernmental relations in the UK are mostly relations between executives, with limited role of parliaments. This paper analyzes intergovernmental relations in two periods – before 2007, when formal institutions like Joint Ministerial Committee were rarely used and after 2007, when Scottish Executive and UK Government were led by different political parties – Scottish National Party on the regional level and Labour Party on the national level. The aim of the article was to describe intergovernmental relations throughout 1999–2010 years, explain asymmetry, informality and inconsistency of this relations and prognose future relations in the context of Calman's Commission works.
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Switzerland is an example of a state that has adopted specific solutions as regards the election and execution of executive power, which has generated the common conviction that the Swiss Confederation is among the most solid democracies in the world. Recent years have shown, however, that political practice has brought about a significant evolution of Swiss solutions as the distribution of power in the parliament has resulted in the abolition of the 'magical formula' that guaranteed the great (and stable) government coalition, and the emergence of initiatives aiming at changing the principles along which executive power is elected in Switzerland. The purpose of considerations presented in this paper is to analyze the specific character of how the executive institutions function in the Swiss Confederation, answer the question of what directions the changes to the composition of the Federal Council are taking, as well as address the directions of evolutionary changes to the principles of electing the members of the Swiss government.
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Artykuł analizuje politykę Polski wobec konfliktu w Biafrze w latach 1967–1970. Podstawę badań stanowią niepublikowane materiały zgromadzone w Archiwum Ministerstwa Sprawa Zagranicznych. Zdaniem autora polska dyplomacja zachowując zdystansowane stanowisko wobec secesji Regionu Wschodniego Nigerii i popierając rząd federalny kierowała się chęcią podtrzymania dobrych relacji politycznych i gospodarczych. Zrównoważona polityka pozwoliła wziąć udział w Międzynarodowej Grupie Obserwatorów, co przyczyniło się do wzrostu prestiżu państwa na arenie międzynarodowej. ; The article analyzes Poland's policy on the conflict in Biafra in 1967–1970. The basis for the research are unpublished materials collected in the Archive of the Ministry of Foreign Affairs. According to the author, the Polish diplomacy, maintaining a reserved position on the secession of the Eastern Province of Nigeria and supporting the federal government, was guided by the desire to maintain good political and economic relations. Sustainable politics allowed to take part in the International Observers Group, which contributed to the increase of the prestige of the state on the international arena.
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Gerhard Schröder's appointment as Chancellor of Germany in 1998 marked the first clear signs of Germany's emancipation from the EU's decision-making center in Brussels. It was, however, only after 2008, when the global economic crisis resonated across Europe, that Berlin maturely redefined its European policy priorities. Following that, the federal government gained more confidence in applying international policy tools to protect the German raison d'état in the Old Continent. For this reason Chancellor Angela Merkel has made the struggle with the financial problems of the eurozone one of the priorities of her second-term in office. The quality of bilateral cooperation between the leaders of Germany and France plays an important role in this respect, especially in view of Nicolas Sarkozy's defeat in the latest presidential election. François Hollande has already proved that Paris has a different attitudeto the issue of the redistribution of the eurozone members' debt than Germany, and reaching a consensus will require the CDU leader to be more submissive than before. Angela Merkel is aware of the ongoing reconfiguration of European political alliances, therefore she is prepared to soften Germany's diplomatic language to maintain the stability of the European currency, to which Germany owes its current position in Community decision-making structures. The main focus of this paper is to explore the formula of "European solidarity" of Germany in the context of the eurozone debt crisis, with particular emphasis on the case of the Hellenic Republic. Angela Merkel's standpoint is tested in the context of German-French cooperation with respect to the eurozone debt clearing policy. ; Gerhard Schröder's appointment as Chancellor of Germany in 1998 marked the first clear signs of Germany's emancipation from the EU's decision-making center in Brussels. It was, however, only after 2008, when the global economic crisis resonated across Europe, that Berlin maturely redefined its European policy priorities. Following that, the federal government gained more confidence in applying international policy tools to protect the German raison d'état in the Old Continent. For this reason Chancellor Angela Merkel has made the struggle with the financial problems of the eurozone one of the priorities of her second-term in office. The quality of bilateral cooperation between the leaders of Germany and France plays an important role in this respect, especially in view of Nicolas Sarkozy's defeat in the latest presidential election. François Hollande has already proved that Paris has a different attitudeto the issue of the redistribution of the eurozone members' debt than Germany, and reaching a consensus will require the CDU leader to be more submissive than before. Angela Merkel is aware of the ongoing reconfiguration of European political alliances, therefore she is prepared to soften Germany's diplomatic language to maintain the stability of the European currency, to which Germany owes its current position in Community decision-making structures. The main focus of this paper is to explore the formula of "European solidarity" of Germany in the context of the eurozone debt crisis, with particular emphasis on the case of the Hellenic Republic. Angela Merkel's standpoint is tested in the context of German-French cooperation with respect to the eurozone debt clearing policy.
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System polityczny Konfederacji Szwajcarskiej jest systemem, który stanowi przykład dla współczesnych rozwiązań demokratycznych. Specyfika oddolnej organizacji państwa szwajcarskiego sugeruje, by specyfiki jego funkcjonowania poszukiwać od poziomu gminy poprzez kanton ku całej federacji. Należy wskazać, że filarem szwajcarskiego federalizmu jest silna samodzielność kantonów wobec władzy federalnej. Warto podkreślić, że specyficzny charakter systemu rządów oparty jest o zasadę dominacji parlamentu, układ zależności pomiędzy poszczególnymi instytucjami władzy państwowej przyczyniają się do instytucjonalnego zdominowania procesów politycznych, przy tym ograniczony do minimum stopień politycznej rywalizacji sprzyja z jednej strony realizacji merytorycznych działań politycznych, z drugiej stabilności. Należy również wskazać na rozbudowaną instytucję demokracji bezpośredniej, która pozostawia ostateczny głos obywatelowi. ; The political system of the Swiss Confederation is a system that is an example for modern democratic solutions. The specificity of grass-roots organization of the Swiss State suggests that the specificity of its operation should be sought for from the level of the community through canton to the whole federation. It should be noted that the pillar of the Swiss federalism is strong independence of the cantons towards the federal government. It is worth noting that the specific nature of the system of government is based on the principle of domination of parliament; arrangement relationships between the various institutions of state power contribute to the institutional domination of the political processes, while limited to the minimum degree of political competition favors on the one hand the implementation of substantive policy action, and on the other - stability. It should also be pointed out to the extensive institution of direct democracy which leaves the final say to the citizen.
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The systemic diversity of the regions and local units can be subsumed to three possible forms of political systems: 1) self‑government, 2) territorial autonomy and 3) the federal state. Based upon that criterion, modern democratic states can be divided into: 1) unitary states with self‑government, 2) unitary states with territorial autonomy and self‑government, 3) federal states with self‑government, 4) federal states with territorial autonomy and self‑government. That division clearly points to the fact, that unitary and federal states can successfully exhibit the same types of political systems on the regional and local levels: territorial autonomy and self‑government. In consequence, both federal and unitary states, under this particular respect, do not exhibit differences. The systems present in the unit‑parts of a federation (regardless of their designation: republics, states, lands, cantons or provinces) in themselves are not a separate category and form of the political system, but form together with others, the three subcentral legal‑political systems present in democratic states. However, the understanding of federalism as concept referring to something more than the legal‑political system of a given state (or even the political system sensu stricto) might seems unconvincing, but still in the consideration of federalism one needs to step away from the analysis of existing federal states (however, comparative constitutional law and constitutional practice must have fundamental impact) and create the prognoses of systemic solutions in a group of highly decentralized unitary states. Besides that, the research of the political theory of federalism and federation presents itself as not without merit to the undertaken task.
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In: Studia politologiczne: Political science studies = Politologičeskie issledovanija, Heft 4/2023(70), S. 331-357
The paper aims to present the legal tools used by the Austrian legislature to exert control over the federal government and its members, particularly the role of the commission of inquiry and its position in the system. The assumed research hypothesis is that the scope and efficiency of legislative oversight of the executive in Austria have increased due to the strengthened position of the parliamentary minority. The key factor was the 2014 Constitutional Amendment allowing the opposition to propose issuing a commission of inquiry at the National Council. The paper consists of four parts. First, it describes the instruments of political control the Austrian parliament has at its disposal. Next, it analyses the application of the individual supervisory tools at the National Council in the years 2006–2021. The third part presents the procedure for issuing a commission of inquiry and its powers. The reflections are concluded by an analysis of the hitherto existing commissions of inquiry in the Second Republic in terms of their frequency, the scope of inquiry, proponents, and the duration and intensity of their work. The paper also seeks to answer the questions of the scrutiny potential of the National Council, the importance of commissions of inquiry in system practice in Austria and the possible political consequences of the changes to how the parliamentary commissions of inquiry are issued and how they function.
Opracowanie koncentruje się na przedstawieniu politycznych i prawnych aspektów dyskusji wokół realizacji projektu gazociągu Nord Stream 2 zarówno w Niemczech, jak również w szerszym kontekście – Unii Europejskiej i części państw członkowskich przeciwnych Nord Stream 2, podkreślających przy tym nie tylko zwiększenie zależności UE od rosyjskiego surowca, lecz także utratę znaczenia Ukrainy jako państwa tranzytowego. W artykule omówiono znaczenie gazu ziemnego w Niemczech, przede wszystkim w kontekście procesu transformacji energetycznej oraz przedstawiono odmienne stanowiska wobec Nord Stream 2, prezentowane przez rząd federalny, część elity politycznej i niektóre pozarządowe organizacje ekologiczne. Słowa kluczowe: Niemcy, Unia Europejska, gaz ziemny, Nord Stream 2 ; The study focuses on the presentation of political and legal aspects of the discussions regarding the Nord Stream 2 gas pipeline implementation that were held both in Germany and in a broader context – in the EU and in some member states that were against Nord Stream 2. Those discussion were emphasizing not only the EU increasing dependence on the Russian gas, but also the loss of Ukraine's importance as a transit state. The article discusses the importance of natural gas in Germany, especially in the process of energy transformation, as well as diff erent positions on Nord Stream 2 presented by the federal government, part of the political elite and some non-governmental environmental organizations. Key words: Germany, European Union, natural gas, Nord Stream 2
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Considerations on political systems on a regional and local level are tightly connected with decentralization processes of political systems. Contemporary state structures have become dysfunctional in many cases in relation to developmental challenges of societies. After the period of excessive centralization, finished with a deep crisis, strong and deep decentralization processes, the result of which was giving a harmonious power division back happened several dozen years ago. A well‑known division of political systems according to system (constitutional) criteria that was formed years ago and took into account above all the relationship between a legislative power, the government and the head of state, that is, between the legislative and the executive level can be extended by a classification of political systems on a regional and local level nowadays. The main criterion of typology can be the relations (competence scope) between central (general) and regional as well as local authorities. The proposed division of system forms of democratic countries would be the following: 1. Unitary countries with a self‑government system, 2. Unitary countries with a territory autonomy and self‑government, 3. Federal countries with a self‑government system, and 4. Federal countries with a territory autonomy and self‑government.
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