Krakowskie Studia z Historii Państwa i Prawa最新文献

{"title":"Czy Konstytucja 3 maja stanowiła źródło inspiracji dla XIX-wiecznych polskich projektów konstytucyjnych? Problem wykorzystania dziedzictwa prawnego w pracach nad reformami ustrojowymi 1815 i 1831 r.","authors":"Michał Gałędek","doi":"10.4467/20844131ks.22.036.16733","DOIUrl":"https://doi.org/10.4467/20844131ks.22.036.16733","url":null,"abstract":"Was the Constitution of May Third of 1791 a Source of Inspiration for 19th Century Polish Constitutional Drafts? The Problem of Using Polish Constitutional Heritage in the Congress Kingdom of Poland in 1815 and 1831\u0000\u0000The article focuses on the problem of using the legal heritage based on the example of the May Third Constitution. This issue is considered in relation to two selected moments in the history of the Congress Kingdom of Poland – 1814/1815 and 1831. What connects them, and at the same time makes them unique periods in the political and constitutional history of Polish territories under the partitions, is the relative freedom the Polish elites had in their right to decide on the constitutional foundations of their own statehood. In 1814/1815, Prince Adam Jerzy Czartoryski was granted the emperor’s consent to prepare a draft which, after corrections, became the basis of the Constitutional Act granted by Alexander I. Similarly in 1831, after the dethronement of Tsar Nicholas I, the insurgent elites were free to embark on an unfettered constitutional debate on the systemic reform of the state. Both in 1814/1815 and in 1831, Polish political and intellectual elites faced a dilemma as to whether the May Third Constitution could serve mainly as a monument and symbol of Polish history, or whether it still had the potential to be directly applied; and if so, then to what extent and under what conditions. The publication is devoted to exploring answers to these questions.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129719065","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":"Nieznany projekt prawa małżeńskiego majątkowego uchwalony w drugim czytaniu przez podkomisję prawa małżeńskiego majątkowego Komisji Kodyfikacyjnej Rzeczypospolitej Polskiej w latach 1938–1939. Edycja źródłowa","authors":"Grzegorz Nancka","doi":"10.4467/20844131ks.22.041.16738","DOIUrl":"https://doi.org/10.4467/20844131ks.22.041.16738","url":null,"abstract":"Unknown Draft of the Matrimonial Property Law that Was Adopted on its Second Reading by the Sub-commission on Matrimonial Property Law of the Codification Commission of the Republic of Poland in 1938–1939: Historical Source Edition\u0000\u0000One of the most important tasks facing the Codification Commission established in 1919 was to regulate the issue of matrimonial property law. The work of the Commission on that issue, which in essence started with its inauguration, was terminated abruptly in 1920. After a thirteen-year hiatus, the debate resumed and resulted in the draft matrimonial property law of 1937, which was adopted on its first reading by the sub-commission on matrimonial property law. The second reading started on 1 April 1938, however, the effects of the work of the sub-commission were previously unknown. This historical source edition sheds a completely new light on that issue. It contains yet unknown draft regulations (from Art. 1 to Art. 99 of the draft) adopted on second reading of the matrimonial property law in 1938–1939. The publication of this source will therefore be of great importance in the context of further research on the history of family law in interwar Poland.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117124069","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":"„Konstytucja Grévy’ego” i „konstytucja de Gaulle’a”. Dwa kierunki relokacji władzy prezydenckiej w historii konstytucyjnej Francji","authors":"Łukasz Jakubiak","doi":"10.4467/20844131ks.22.039.16736","DOIUrl":"https://doi.org/10.4467/20844131ks.22.039.16736","url":null,"abstract":"The “Grévy Constitution” and the “de Gaulle Constitution”: Two Directions for the Relocation of Presidential Power in the Constitutional History of France\u0000\u0000The paper deals with two different political interpretations of presidential power under the Third and Fifth French Republics, which clearly changed the position of the head of state in relation to the letter of constitutional acts that were in force at the time. Both of these interpretations were im- posed by the presidents in office in the first years after the proper structures of the system of gov- ernment had been established. The former (commonly known as the “Grévy constitution”) led to the weakening of presidential power, and the latter (described as the “de Gaulle constitution”) to its strengthening. Particular attention is thus paid to the formation of such particular unwritten norms of constitutional law in rationalized and non-rationalized parliamentary systems. In both cases, their basic feature turned out to be the ability to significantly modify the parliamentary system of gov- ernment. In the last part of the paper, the stability and durability of the above-mentioned political interpretations of the aforementioned constitutions are discussed. It is indicated that in both cases there were attempts to challenge these non-codified standards. Although the causes of such actions were different from each other, neither brought any meaningful success.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117075493","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":"Matelski, Dariusz. Anatomia grabieży. Polityka Rosji wobec polskiego dziedzictwa kultury od XVII do XXI wieku. Kraków: Wydawnictwo Avalon, 2021 (ss. 928, ISBN 978-83-7730-451-8)","authors":"J. Maziarz","doi":"10.4467/20844131ks.22.049.16746","DOIUrl":"https://doi.org/10.4467/20844131ks.22.049.16746","url":null,"abstract":"","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129203223","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":"Legal History Research in Belgium (2021)","authors":"J. V. Paemel","doi":"10.4467/20844131ks.22.031.16179","DOIUrl":"https://doi.org/10.4467/20844131ks.22.031.16179","url":null,"abstract":"","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125006833","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":"Fundamental Rights in Czechoslovakia between 1920 and 1938: Their Doctrinal Theorizing and Judicial Application","authors":"Michal Šejvl","doi":"10.4467/20844131ks.22.028.16176","DOIUrl":"https://doi.org/10.4467/20844131ks.22.028.16176","url":null,"abstract":"The article presents an overview of the problem of fundamental rights during the First Czechoslovak Republic and focuses especially on the role played by the fundamental rights catalogue of the 1920 Czechoslovak Constitutional Charter. Section 2 presents the 1920 catalogue itself, methods of specification and of limitations of rights (usually by particular laws) and postulates continuity with pre-1918 Austrian and Hungarian law. Section 3 is dedicated to opinions of Czechoslovak legal doctrine (mainly Czech authors) on the role of the 1920 catalogue. Section 4 examines the case-law of the Supreme Administrative Court protecting fundamental rights and tries to show that some fundamental rights were applied directly by this Court and that direct application sometimes leads also to a limited form of constitutional review of pre-1918 law.","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129692750","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":"Events and Books in the Sphere of the Study of Legal and Constitutional History in Hungary in 2020–2021 – A Historiographic Outline","authors":"B. Rigó","doi":"10.4467/20844131ks.22.030.16178","DOIUrl":"https://doi.org/10.4467/20844131ks.22.030.16178","url":null,"abstract":"","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"195 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123402423","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":"Slovak Legal History – a Non-exhaustive Overview of Active Researchers","authors":"Ingrid Lanczová","doi":"10.4467/20844131ks.22.034.16182","DOIUrl":"https://doi.org/10.4467/20844131ks.22.034.16182","url":null,"abstract":"","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132186437","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":"The Crown of St. Stephen as a Symbol of Legal Continuity and Hungarian Constitutionalism (Historical Background)","authors":"Tadeusz Kopyś","doi":"10.4467/20844131ks.22.025.16173","DOIUrl":"https://doi.org/10.4467/20844131ks.22.025.16173","url":null,"abstract":"In Hungarian history, the Crown of St. Stephen was an important relic symbolizing the unity of the Hungarian state. It was not merely a coronation jewel or symbol of royal prerogatives, but a respected element of the country’s historic “millennial”constitution. Although the doctrine associated with it was a unique Hungarian constitutional theory, symbolizing national independence, it was flexible enough to serve various political ideas and ambitions. The Crown has always embodied the monarchical form of the Hungarian State, and its sacred character symbolized the strong alliance of the monarchy with the Catholic Church. Is this historical doctrine compatible with the values and requirements of modern Europe and the requirements of present-day Hungarian constitutionalism?","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128601494","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":"The Component of Respublica Romanorum in the Constitutional Heritage of Nobiliary Polish-Lithuanian Republic (16th through 18th Centuries)","authors":"Kazimierz Baran","doi":"10.4467/20844131ks.22.026.16174","DOIUrl":"https://doi.org/10.4467/20844131ks.22.026.16174","url":null,"abstract":"When in the 16th century in many European states, the monarchal power began to drift toward absolutism, the Polish-Lithuanian state evolved in its constitutionalism along the Republican lines. Its monarch could be brought to accountability for the violation of the law. Likewise, he was freely elected by the nobles and held his position for life. The nation of nobles that, by the standards of the time, made up a remarkable section of the entire population of the country was protected against the monarch’s attempts against their liberties by a series of remarkable privileges. And indeed, a noble’s property was prevented from being unreasonably confiscated. Likewise, an individual of nobiliary status could not be arbitrarily imprisoned. The representatives of nobles, while sitting in the benches of the Seym, had a considerable share in exercising the state power, particularly in the area of the law-creating process and when the imposing of tax liabilities was debated. In addition, the clauses of the Henrician Articles (1573), which were a kind of Fundamental Law of the Nobiliary Republic, guaranteed the mass of the nobles’religious toleration within the Christian denominations. The spirit of this toleration in practice also applied to the non-Christians (Jews and Muslim Tartars who inhabited the Republic).\u0000\u0000The republican slogans that were responsible for forming a specific frame of mind of the nobles assumed a new dimension when the culture of Latinitas type began to be promoted. The latter started to develop on the occasion of the acceptance by the authorities of the Nobiliary Republic of the principles of the Council of Trent, which happened in the 1570s. The Republic remained within the Catholic Camp. From that time on, the young nobles used to be educated in numerous Jesuit colleges and had not only a fluent command of Latin but also a profound knowledge of the history and culture of antiquity. Hence, they looked at their state, the Respublica Polonorum as a successor of the late Respublica Romanorum with the virtues of the latter. These virtues, when filtered through the system of Christian values –pushed to the foreground the concern for the welfare of the motherland, support for the democratic ethos and egalitarian spirit within the nobiliary milieu, and also the willingness to defend the Christian world against the invasion of the barbarians (the concept of Antemurale).\u0000\u0000The republican spirit survived the era of constitutional deterioration in the country that started in the mid-17th century. With the era of reforms which began in the 1760s, the constitutional improvement reached its climax in the Constitution of 3rd May 1791. Like in the British system, king was located at the position of the monarch who could do no wrong since all his executive acts required the endorsement made by the right minister. The separation of powers was emphasized. The ministers could be brought both to their political responsibility to parliament if they lost t","PeriodicalId":346009,"journal":{"name":"Krakowskie Studia z Historii Państwa i Prawa","volume":"209 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116362938","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}