Studia nad Autorytaryzmem i Totalitaryzmem最新文献

{"title":"Reforma konstytucyjna w Kirgistanie w 2021 roku na tle środkowoazjatyckiego konstytucjonalizmu autorytarnego","authors":"R. Czachor","doi":"10.19195/2300-7249.44.3.4","DOIUrl":"https://doi.org/10.19195/2300-7249.44.3.4","url":null,"abstract":"In terms of the dynamics of the state system’s reforms, Central Asian Kyrgyzstan is a unique case. In 2005, 2010, and 2020 a series of crises of state power, referred to as „revolutions”, unfolded there. Among their consequences were constitutional reforms that concerned the legal construction of the main state organs. The latest reform of 2021 brought an end to the semi-presidential system and established domination of the president over the state system. The analysis of such reforms can be carried out with reference to the paradigm of authoritarian constitutionalism. The following paper undertakes the analysis of the constitutional evolution of Kyrgyzstan and its current situation in a broader context of the Central Asian constitutionalism. \u0000The paper attempts to reconstruct the concept of the authoritarian constitutionalism, determine the peculiarity of Central Asian constitutionalism and the scope of the constitutional reform that took place in Kyrgyzstan in 2021. The core thesis of the paper asserts that this reform fully fits the paradigm of authoritarian constitutionalism and regional, Central Asian political traditions of strong and centralized state power. The paper employs doctrinal, comparative methods as well as the exegesis of the constitutions. \u0000This paper consists of four parts. The first chapter discusses the scope of authoritarian constitutionalism and asserts its dual-faceted legal and political nature. The second chapter briefly presents the Central Asian specificity of constitutionalism and nation building and state building processes. Consecutively it turns to the case of Kyrgyzstan and pays closer attention to the latest constitutional reforms. The fourth chapter contains a detailed analysis of the current Kyrgyz constitution in regard to the authoritarian constitutionalism paradigm. \u0000The research led the author to the conclusion that authoritarian constitutionalism is a not broad theory, but a paradigm, a certain scientific perspective that is embedded on the crossroads between constitutional law and a scientific study of political systems. It is successfully applied in investigations of the non-democratic model of governance. It puts emphasis on a specific legal position of the executive that overwhelmingly dominates the legislature and is prone to abuse. In the case of contemporary Kyrgyzstan, such a model of power is determined by the legal and political specificity of the region. The constitutional reform of 2021 strengthened the position of the president, introduced non-parliamentary representative bodies and limited the independence of the judiciary.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124269037","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Archeologia totalitaryzmów — możliwości i perspektywy badawcze","authors":"M. Trzciński","doi":"10.19195/2300-7249.44.3.2","DOIUrl":"https://doi.org/10.19195/2300-7249.44.3.2","url":null,"abstract":"Contemporary methods used by archeology create prospects for a fuller investigation of crimes against peace and humanity and of war crimes. Due to the lack of written sources or the limited scope of information that results from them, attempts can be made to find and interpret material sources directly related to the events under study. The methods used by archeologists can finally effectively verify information already obtained from archival sources. \u0000Today’s archeology extends its reach to the present, and new specializations such as archeology of armed conflicts or archeology of totalitarianisms contribute to a better identification of, among others, the contemporary history of Poland. These specializations are used all over the world in the process of investigating crimes against humanity and accompany ongoing criminal investigations.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126790401","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Katyń before the “népbíróságok”: How the Hungarian people’s courts surpressed the truth on the massacre of Polish officers","authors":"A. Gubrynowicz","doi":"10.19195/2300-7249.44.3.9","DOIUrl":"https://doi.org/10.19195/2300-7249.44.3.9","url":null,"abstract":"As the judicial practice of the Hungarian people’s courts (népbíróságok) in matters related to Katyń remains relatively unknown, this article’s objective is to address this area of historical (as well as legal) research. It focuses on demonstrating general outlines of the problem by a detailed analysis of some of the most notable cases against Hungarian major war criminals. It seeks to explain the role these proceedings played within the the policy of obliterating the memory of Katyń and why the members of pre-war ruling elite were charged on the grounds of their activities concerning the Katyń massacre. Furthermore, this article attempts to demonstrate in what way these accusations were important in proceedings against major Hungarian war criminals. What was the legal basis invoked whenever the defendants were accused of Katyń-related issues? How did the People’s Courts handle these charges? And finally, what (if any) was the eventual role of the Soviets in the proceedings?\u0000As the matter under examination lies at the crossroads of history and law (as legal judgments that mentioned Katyń in their content are the center of the analysis), the methodology used compiles the process traditionally used in historical research with standard legal interpretation tools. Combining both methods while analyzing the object through the lens of the judiciary perspective, this article places the outcomes of the examined legal proceedings in a broader historical context that allows noticing the legacies produced by People’s Courts sealing the Soviet lies in mid 1940s.\u0000This article posits that during proceedings and in judgments, Katyń was only discussed at the margins of primary considerations. Besides, at the current stage of scientific development, there’s a lack of evidence that the Soviets exerted any pressures on the Hungarian judiciary, at least in the aspects concerning matters related to Katyń. Neither were they interested in using Hungarian judiciary channels to pursue their own specific Katyń-related goals, still less to use them as a tribune to minimize their failure in attributing the responsibility for this crime to the Nazis in Nuremberg. It seems, therefore, that Katyń-related cases before the népbíróságok were solely intra-domestically oriented, and their goals never went beyond one of the instruments of obliterating the memory of Katyń within Hungarian society. Still, they produced some concrete social effects nonetheless. Firstly, as the criminal prosecutions were just only one of the plethora of instruments set in motion to eradicate the memory about Katyń in Hungary, their deterrent or dissuasive effect (especially during the Stalinist era) should not be underestimated. Secondly, by placing Katyń within the context of the antisemitic crimes for which some of the defendants were sentenced to death, the legacy left by the People’s Courts dramatically complicated the decoupling process of the Soviet murder of Polish officers from the rest of Nazi/","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129296966","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Edmund Burke i rewolucyjne korzenie totalitaryzmu","authors":"Tomasz Tulejski, Adam Bosiacki","doi":"10.19195/2300-7249.44.2.1","DOIUrl":"https://doi.org/10.19195/2300-7249.44.2.1","url":null,"abstract":"The article discusses the roots of revolutionary totalitarianism in the thought of Edmund Burke, who is considered to be the founder of Anglo-Saxon conservatism. The author of Reflections on the Revolution in France insightfully outlined the totalitarian implications of the French Revolution at its initial stage. According to the authors, Burke accurately diagnosed the most important elements of the future totalitarian state, affecting not only institutions, but also the overall social relations and the interplay between the authority and the individual. His reflections on revolutionary ideas and revolutionary practice make him a prophet of future totalitarian regimes, which operated according to the paradigm he diagnosed. Although Burke’s theses seem commonly known, a closer analysis shows not only the depth of the inquiry into the French revolution, but also the universality of the argument applicable to other similar social upheavals, a topic the authors of the text would like to present together in a separate form.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116885699","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Unternehmen „Hermann” — pacyfikacja Puszczy Nalibockiej z perspektywy SS-Sonderbataillon Dirlewanger","authors":"Hubert Kuberski","doi":"10.19195/2300-7249.44.2.5","DOIUrl":"https://doi.org/10.19195/2300-7249.44.2.5","url":null,"abstract":"The participation of the SS-Sonderbataillon Dirlewanger in the pacifications of the partisan movement in occupied Belarus remains a topic that, despite some discussion in Polish, Russian, English and German sources, demands further scholarly attention. The article brings into focus the events taking place in the summer of 1943 in the German-occupied territory of the Nowogródek and Wilno Voivodeships of the prewar Republic of Poland, which were included the German-occupied General District of Belarus (Generalbezirk Weißruthenien/Генеральная акруга Беларусь) during the war. The anti-partisan operation (Unternehmen “Hermann”) carried out by the Germans with the participation of units consisting of Germans, Austrians, Belarusians, Lithuanians, Latvians and Ukrainians was directed against the Soviet and Polish partisans. \u0000Of course, apart from the extensive use documents of German archives, we drew attention to documents of Polish and Soviet provenance, and in particular to the memories of Polish witnesses inhabiting the area of Naliboki Forest. The aim of this article is to present the latest scope of research on the activities of the SS-Sonderbataillon Dirlewanger in comparison with other counter-insurgency (anti-partisan) units carrying out ruthless pacification measures as part of “Bandenbekämpfung”.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125417602","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Skazani na karę śmierci przez Specjalny Sąd Karny w Katowicach w latach 1945–1946","authors":"Adam Dziurok","doi":"10.19195/2300-7249.44.2.6","DOIUrl":"https://doi.org/10.19195/2300-7249.44.2.6","url":null,"abstract":"The purpose of this article is to present issues related to capital punishment in the jurisprudence of the Special Criminal Court in Katowice — one of nine special courts established to try “fascist and Nazi criminals” and traitors to the Polish nation. Records of death penalty trials, prisoners’ files from penal institutions, convict records, and articles in regional press were subject to scrutiny, which enabled establishing the names of 57 (or 58) people sentenced to death by the Special Criminal Court in Katowice between March 1945 and November 1946. The majority of the convicts were accused of denunciation to the German authorities, participation in arrests, and, in just three cases, murder. The Katowice Court was one of the special courts with the fewest instances of capital punishment. Thirty-two death sentences were carried out, and the remaining convicts (who constituted 40% of the total) were pardoned by the decision of the President of the National Council and left prison no later than in 1956.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125484346","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Negacja społeczeństwa obywatelskiego w totalitaryzmie. Kilka refleksji","authors":"Jolanta Blicharz","doi":"10.19195/2300-7249.44.2.2","DOIUrl":"https://doi.org/10.19195/2300-7249.44.2.2","url":null,"abstract":"The totalitarian polity is basically one of coercion focused on executing a narrow and uncompromising ideological vision by means of mass terror. Setting up any kind of organization is not possible without the acceptance of the state and thus no grass-roots organizations can exist in a totalitarian state. In other words, any form of civil society (understood as both autonomous from the state and capable of generating social capital) is not possible under totalitarianism.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"168 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122290109","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Helmut Nicolai — niedoszły założyciel „teorii prawa” ruchu narodowosocjalistycznego w Niemczech","authors":"Christoph-Eric Mecke","doi":"10.19195/2300-7249.44.2.4","DOIUrl":"https://doi.org/10.19195/2300-7249.44.2.4","url":null,"abstract":"The German jurist Helmut Nicolai (1895–1955) was a convinced racist even before 1933 and did not change his attitude after 1945. He believed in the scientific justifiability of racism on the basis of contemporary racial theories. In the early years of Hitler’s dictatorship, Nicolai rose to become a senior official in the National Socialist state administration. He published numerous works attempting to establish a racist “philosophy of law” and “constitutional theory”. However, despite his racist convictions, he fell out of favour with Hitler as early as 1935 because he failed to recognise the dictator’s claim to omnipotence, which could not be limited by any rule of law, “philosophy” or “theory” — even one based on racist principles.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"213 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128613583","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rozważania na temat autorytaryzmu w czasach PRL na przykładzie przepisów prawnych dotyczących pracowniczych ogrodów działkowych","authors":"M. Kozłowska","doi":"10.19195/2300-7249.44.1.6","DOIUrl":"https://doi.org/10.19195/2300-7249.44.1.6","url":null,"abstract":"As it might seem, the seemingly trivial event, which was the creation of employee allotment gardens by the Act of March 9, 1949 on Employee Gardens, served the Polish United Workers’ Party to strengthen its authoritarian rule. With the help of generally applicable law standards contained in the above-mentioned act, the communist authorities gained and strengthened public support, eliminated independent structures, and confiscated private property.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"21 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114031378","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Usytuowanie ustrojowo-polityczne ochrony informacji niejawnych w Polsce, Czechach i na Słowacji","authors":"Witold Graca, H. Spustek","doi":"10.19195/2300-7249.44.1.8","DOIUrl":"https://doi.org/10.19195/2300-7249.44.1.8","url":null,"abstract":"Secret services are responsible for the system of classified information protection in Poland. In the Czech Republic and Slovakia, civil central offices operating outside the special services system have been established to perform activities in this area. Institutions dealing with the protection of classified information in the Polish political and constitutional system are mainly supervised by the executive power — the prime minister, while in the Czech Republic and Slovakia the main control factor in the system are special parliamentary committees. The protection of the rights of persons whose data are processed as part of various types of proceedings conducted by such bodies is guaranteed in all analyzed political systems by courts. In Slovakia, it is the Supreme Court. In practice, the Czech Republic and Slovakia have abandoned the separate certification system for the structures of the Ministry of National Defense. In Poland, the separation of proceedings concerning the military sphere was maintained — they are still conducted by one of the special services, Military Counterintelligence Service.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130805759","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}