Suchergebnisse

Współcześnie niezależność sądów i niezawisłość sędziów stanowią podstawowe atrybuty wymiaru sprawiedliwości w demokratycznym państwie prawnym. Na gruncie systemu konstytucyjnego Finlandii ustawa zasadnicza z 1999 roku tworzy dualistyczny ustrój sądownictwa, składający się z sądów powszechnych i administracyjnych. Celem niniejszego opracowania jest poddanie przepisów finlandzkiej ustawy zasadniczej, będącej konstytucyjną podstawą organizacji i funkcjonowania sądownictwa powszechnego w Finlandii, analizie prawnej, która pozwoli na wysunięcie wniosku, że sądy działają jako obiektywne i bezstronne organy wydające wyroki stosunkowo jednolite w podobnych sprawach. W swoich orzeczeniach są one niezawisłe i nie podlegają kontroli państwa w zakresie orzekania. Orzeczenia sądowe są ostatecznym środkiem gwarantującym stronom poszanowanie ich praw w stosunkach z państwem.

The aim of the study is to provide a comparative analysis of the role and tasks that the supreme courts perform in the Nordic legal and political systems. The main focus of the paper is on considerations of the tasks, goals, role and functions of the supreme courts in the Nordic countries, as well as the principles of organisation and functioning on which the supreme court systems in this region of Europe are based. An important part of this study covered the determination of common features and differences that can be seen when comparing countries of the eastern and western Nordic legal culture.

The hereby paper takes up the analysis of the constitutional position of the Finnish parliament Eduskunta from the moment of its establishment and as a result of its development during the centuries, with a special attention paid to the present normative state and on the basis of the hitherto constitutional practice. It aims at deriving the origin and presenting the evolution of this authority at the Finnish lands, which in consequence leads to reliable conclusions in the scope of determining its current constitutional position in the system of the supreme state authorities of Finland. The subject of the paper focuses on the analysis of the beginnings of Eduskunta's formation and Finnish parliamentarianism, its further evolution, current composition, internal structure, functions and competences presented on the basis of the exegesis of the provisions of the binding basic law of 1999 and the parliament's rules of procedure. The constitutional principles referring to the parliament and the analysis of Eduskunta's relations with the other supreme state authorities, which determine the state's form of government, seem to be of particular significance in this context, as they contribute to a more precise definition of Eduskunta's constitutional position, as well as to pointing out its originality and dissimilarity regarding other contemporary democratic states.

One of the most important tasks of contemporary democratic states, being simultaneously a real challenge for them, is guaranteeing a stable process of their dynamic and effective development, based on the democratic principles expressed in their constitutions jointly with their practical and effective implementation. Among others, one of the main states' tasks is also guaranteeing fundamental rights and freedoms to its citizens and people, as well as enabling them their proper exercising and strict observance. The hereby paper aims at conducting a detailed legal analysis of the catalogue of fundamental principles contained in the Constitution of the Republic of Poland of 1997, being presently in force, along with reflecting over their content and scope, as well as discussing their sources and axiological basis deriving from the output of Polish constitutional law doctrine, the doctrine of other developed democratic states and international standards.

Power is perceived as a very interesting phenomenon for those scientists who make research on contemporary states. This problem strongly influences their internal organization, as well as their functioning effectiveness. The phenomenon is undoubtedly multidimensional and has remained in the field of interest of not only lawyers and state theorists, but also of political scientists, psychologists, sociologists, as well as representatives of various other fields of science and disciplines. The herebypaper aimsat taking up an effort of making a sort of selection and verificationof very different approaches in defining of this complex concept among those exisiting in the doctrine, as well as determining its sources, analyzing this issue in its various dimensions and categories, such as: state power, political power, public power, also from the perspective of confronting it with other directly related to it notions, such as: legitimisation, ruling and forms of its overtaking. These deliberationsmight help us to better comprehend this phenomenonwhich may result in its more effective exercising for the benefit of the common good of thestate, which still remains the main form ofsocieties' political organization.

Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union is undoubtedly an unprecedented event in the history of the EU. This process encounters many difficulties and reveals an increasing number of problems that contemporary Europe is facing and affects European integration. Even more complications in this area arise as a result of the deadlock in the internal dimension, and in the UK's relations with the EU. It goes without saying, that this process will result in the need to create a completely new order in the UK's relations with the EU and will have a huge impact on the global order. The whole process is multidimensional, hence the consequences of leaving the EU by the United Kingdom may have many effects for the UK not only in political and economic sense, but also in the field of its constitutional law and political system, including the area of the state's territorial arrangement. The purpose of this study is to provide a legal analysis of Brexit's potential consequences for the territorial system and threats to the territorial integrity of the United Kingdom itself, in particular for the status of its constituent parts and further relations between England and Wales, Scotland, Northern Ireland and Ireland. The risk of the split and disintegration of the United Kingdom as a result of Brexit cannot be overlooked.