Przeglad Sejmowy最新文献

{"title":"Uzasadnienie orzeczeń sądowych – wybrane problemy","authors":"Robert Stefanicki","doi":"10.31268/ps.2023.190","DOIUrl":"https://doi.org/10.31268/ps.2023.190","url":null,"abstract":"The justification of judicial decisions is an important research segment of jurisprudence and, at the same time, a very useful instrument in practice, with multiple – constantly discovered, not fully recognised and valued functions. First of all, it is, as a rule, an inseparable element of a judicial decision and a component of a fair trial. Its jurisprudential functions naturally come to the fore. In the considerations undertaken, emphasis is placed on the multilateral determinants and changing paradigms of legal culture. Judicial jurisprudence remains an inherent part of it. The presented material captures the theme of the evolution that is taking place in the model of law – from an autonomous idea, through a closed concept, to a model of law in which facts are relevant. Social changes, characterised by responsiveness in the approach to the interpretation and application of law, are also described.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69348318","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":"Konstytucyjna aksjologia postkolonialna XXI w. w Ameryce Łacińskiej na przykładzie Republiki Ekwadoru i Wielonarodowego Państwa Boliwii","authors":"Radosław T. Skowron","doi":"10.31268/ps.2023.166","DOIUrl":"https://doi.org/10.31268/ps.2023.166","url":null,"abstract":"The purpose of the article is to analyse the concepts of sumak kawsay / suma qamaña and Pacha Mama introduced into the constitutions of the Republic of Ecuador and the Plurinational State of Bolivia at the end of the first decade of the 21st century, which have a juridical impact across other countries of Latin America. The new ideas form a different axiology for constitutional systems in this region of the world from the previous one and represent an attempt to move away from an anthropocentric vision of society. Using historical, formal-dogmatic and comparative-legal methods, the author presents the development of Latin American constitutionalism, analyses the global and local determinants of the popularity of the aforementioned concepts at the beginning of the present century, deconstructs the notions of sumak kawsay / suma qamaña and Pacha Mama and shows their positions in the constitutions of both the Republic of Ecuador and the Plurinational State of Bolivia. The result of the study proves that the post-colonial concepts used as foundations for the newly formulated constitutional systems of the Republic of Ecuador and the Plurinational State of Bolivia are an essential step towards the creation of an original constitutional tradition in Latin America that takes into account the history and values of the indigenous peoples of the Andes and the Amazon.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367626","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":"Wybory do Dumy Państwowej i Rady Państwa w Królestwie Polskim i na Ziemiach Zabranych w latach 1906–1912 w świetle korespondencji konsulów austro-węgierskich w Warszawie","authors":"Piotr Szlanta","doi":"10.31268/ps.2023.167","DOIUrl":"https://doi.org/10.31268/ps.2023.167","url":null,"abstract":"The Austro-Hungarian diplomatic services followed the course of the election campaigns for the State Duma in the Kingdom of Poland closely. This is entirely understandable. The Sejm was a novelty in the political life of the Habsburg Monarchy’s northern neighbour. Its functioning could have had far-reaching and difficult to predict consequences for the politics of the Romanov Empire. Reports by Austro-Hungarian diplomats accurately reflected the mood of Polish public opinion and the position of individual groups. They drew attention to the deterioration of ethnic relations in the Kingdom of Poland, both between Poles and Jews and between Poles and Russians. They accurately portrayed the dilemmas of Polish society, its powerlessness and frustration, including disappointment with the State Duma. The parliamentarisation of the political system in Russia and the departure from the self-rule did not improve the position of the Polish people in the tsarist state. The results of the elections to the State Duma confirmed the dominance of national democracy in the political life of the Kingdom of Poland. The Austro-Hungarian diplomats regarded this grouping as the true representation of public sentiment and the dominant force on the Polish political scene. They were not entirely impartial in their reports. Their correspondence shows that they were sympathetic to Polish conservative circles and clearly disliked socialist groups.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367657","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":"Rozwiązania zmierzające do zwiększenia jawności finansowania partii politycznych","authors":"T. Gąsior","doi":"10.31268/ps.2023.185","DOIUrl":"https://doi.org/10.31268/ps.2023.185","url":null,"abstract":"The article analyses the issues of some of the most important constituents of openness of political financing, which include: reporting by political parties and election committees, publishing data resulting from the reports and the possibility of getting acquainted with this information. An attempt was made to identify the most important problems in this matter, referring to the positions of entities raising these issues, to the legal writings and jurisprudence. Solutions known in other countries were referenced and proposals for modern solutions for Poland in this regard were formulated in line with today’s technical capacities, the realities of civilisation and meeting the expectations of experts in this subject, representatives of NGOs, civil society, international institutions and recommendations of national institutions, e.g. the Commissioner for Human Rights, the Ministry of Finance, the National Electoral Commission.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367968","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":"Manipulacje wyborcze Waldemar Wojtasik Manipulacje wyborcze wyd. drugie, Ridero 2022, s. 414","authors":"Dawid Daniluk","doi":"10.31268/ps.2023.171","DOIUrl":"https://doi.org/10.31268/ps.2023.171","url":null,"abstract":"In the book under review, the author presents the legal possibilities of influencing election results. Changes in electoral law may have political consequences, but they should not be made with the intention of benefiting their initiators or weakening the opponents. Therefore, it is necessary to distinguish election manipulation from election engineering, as well as from illegal activities – offences against elections. The author divides election manipulations into institutional and communication ones. In the author’s opinion, communication manipulations are a greater threat for principles of democracy because they are more difficult to identify.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367814","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":"Nowa Zelandia: Wyrok Sądu Najwyższego z dnia 21 listopada 2022 r. w sprawie Make It 16 Incorporated vs. Attorney-General (dotyczący wieku uprawniającego do głosowania w wyborach), sygn. akt SC 14/2022","authors":"Marcin Rulka","doi":"10.31268/ps.2023.193","DOIUrl":"https://doi.org/10.31268/ps.2023.193","url":null,"abstract":"In Make It 16 Incorporated vs. the Attorney-General, 21 November 2022, the Supreme Court of New Zealand ruled that existing legislation that does not allow people to vote in elections before the age of 18 is discriminatory because it is inconsistent with the New Zealand Bill of Rights Act 1990, which guarantees citizens freedom from age discrimination after the age of 16. The New Zealand Supreme Court has issued a declaration of incompatibility in this regard. However, this does not oblige either the government or parliament to lower the voting age.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347864","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":"Uczestnictwo Sejmu i Senatu w procedurze kontroli przestrzegania zasady subsydiarności a przyszłość parlamentów narodowych w procesach decyzyjnych Unii Europejskiej","authors":"Radosław Potorski, J. Marszałek-Kawa","doi":"10.31268/ps.2023.189","DOIUrl":"https://doi.org/10.31268/ps.2023.189","url":null,"abstract":"The dispute over the division of powers and the burden of competence presumption between the European Union and its Member States has been going on practically from the very beginning of the integration process and has become an immanent part of the political system of the EU and of the decision-making process functioning within its framework. One of the most important steps to clarify this issue was the introduction of the principle of subsidiarity, which clearly indicated the mode in which institutions of the EU could exercise specific powers when shaping public policies. Another step was the inclusion of national parliaments in the process of safeguarding compliance with this principle, which was related to the ongoing debate on the reduction of the so-called “democratic deficit”, that occurs during public policy-making processes in the EU. From a purely theoretical point of view, one could conclude that the inclusion of national parliaments in the creation of public policies at such an important stage should be equivalent to offering them vast opportunities to influence the decision-making process within the framework of the political system in the EU. Moreover, after Poland’s accession to the EU, our national parliament has become a legitimate user and beneficiary of these regulations. It is thus fully justified to ask the question about the actual efficacy of the existing solutions and the possible direction in which national parliaments will evolve in the process of integration. Having this in mind, the authors of the study set themselves several fundamental research objectives. The first is to assess the extent to which the Parliament of the Republic of Poland is prepared and able to use the procedure for monitoring compliance with the principle of subsidiarity. The second, and equally important, research goal concerns the identification of the actual influence of national parliaments on public policy-making processes within the EU political system through the procedure for safeguarding compliance with the principle of subsidiarity. It is also the intention of the authors to identify the possible direction in which the position of national parliaments will evolve in the EU decision-making processes.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69348312","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":"Klub Poselski Katolicko-Społeczny w Sejmie Ustawodawczym RP w latach 1947–1952. Geneza, koncepcje i działalność","authors":"A. Orzełek","doi":"10.31268/ps.2023.165","DOIUrl":"https://doi.org/10.31268/ps.2023.165","url":null,"abstract":"The article analyses the genesis of the Catholic Social Parliamentary Club [Klub Poselski Katolicko-Społeczny] in the Legislative Sejm of the Republic of Poland in the years 1947–1952, the stages of its activity and the political concepts of its deputies. It consisted of three parliamentarians: Jan Frankowski, Aleksander Bocheński and Witold Bieńkowski. They were initially guided by the tactics of constructive opposition and the intention to create a broader political milieu of Polish Catholics. Initially, the deputies acted in a courageous and factual manner, but over time, in the face of internal disputes and political processes in the country, their activity became increasingly conformist and focused on defending, usually ineffectively, certain rights of Catholics.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367619","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":"Polityka administracyjna kierownictwa resortu spraw wewnętrznych Rzeczypospolitej Polskiej wobec samorządu terytorialnego w latach 1918–1939","authors":"Waldemar Kozyra","doi":"10.31268/ps.2023.164","DOIUrl":"https://doi.org/10.31268/ps.2023.164","url":null,"abstract":"The administrative policy of the management of the Ministry of Internal Affairs towards local government in the years 1918–1939 was implemented on the basis of two concepts. The first was in force in the years 1918–1926, focusing on combating direct threats to security and internal order in the state. It had an impact on the performance of the ministry’s tasks in the so-called strictly administrative departments, which also included matters of local government. The second, in force in the years 1926–1939, focused on the so-called “general political” issues, i.e. general assessment of the political impact on the state of individual segments of the country’s social and political life (political parties, social organisations, national minorities, etc.) and the influence on that life by the administration of internal affairs in the direction desired by the ruling camp. In detail, the administrative policy of the Ministry of Internal Affairs towards municipal unions should be analysed in the following time periods: 1918–1926, 1926–1930, 1930–1935, 1935–1939.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367585","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":"Dietinas polacas. Głos o sejmikach ziemskich w hiszpańskiej debacie konstytucyjnej 1809 r.","authors":"Patrycja Jakóbczyk-Adamczyk","doi":"10.31268/ps.2023.186","DOIUrl":"https://doi.org/10.31268/ps.2023.186","url":null,"abstract":"The article is the result of research into the history of Polish-Spanish relations at the time of the rapid transformations that both monarchies experienced at the end of the modern era. Its purpose is to provide an insight into one of the constitutional proceedings in the face of the threat of Napoleon’s invasion of Spain. In the drafts of the reform created at that time, we find threads that show the interest in the system of the Polish-Lithuanian Commonwealth and the desire to implement its elements in the new Spanish political system. The author analyses the references to the Polish legal and political tradition that appeared in the two drafts of the reform of the Spanish political system in 1809.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367977","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}