{"title":"在波兰宪法问责的政治化与法制化之间","authors":"Robert Kropiwnicki","doi":"10.14746/pp.2023.28.2.3","DOIUrl":null,"url":null,"abstract":"The article discusses the models of constitutional accountability as well as the personal and material scope. The Polish model of accountability is much closer to politicization than to juridization. The Constitution defines a closed circle of entities that may be held accountable before the State Tribunal, which adjudicates on three types of liability: 1. For a constitutional tort, i.e. a violation of the Constitution or a statute, however, without the characteristics of a criminal offence. 2. Criminal law unrelated to a constitutional tort, this applies only to the person holding the office of the President of the Republic of Poland. 3. Criminal for a constitutional delict meeting the criteria of a criminal offence, concerning an act committed in connection with the function performed.","PeriodicalId":52588,"journal":{"name":"Przeglad Politologiczny","volume":"1 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Between the Politicisation and Juridisation of Constitutional Accountability in Poland\",\"authors\":\"Robert Kropiwnicki\",\"doi\":\"10.14746/pp.2023.28.2.3\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article discusses the models of constitutional accountability as well as the personal and material scope. The Polish model of accountability is much closer to politicization than to juridization. The Constitution defines a closed circle of entities that may be held accountable before the State Tribunal, which adjudicates on three types of liability: 1. For a constitutional tort, i.e. a violation of the Constitution or a statute, however, without the characteristics of a criminal offence. 2. Criminal law unrelated to a constitutional tort, this applies only to the person holding the office of the President of the Republic of Poland. 3. Criminal for a constitutional delict meeting the criteria of a criminal offence, concerning an act committed in connection with the function performed.\",\"PeriodicalId\":52588,\"journal\":{\"name\":\"Przeglad Politologiczny\",\"volume\":\"1 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-06-20\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Przeglad Politologiczny\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.14746/pp.2023.28.2.3\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Przeglad Politologiczny","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.14746/pp.2023.28.2.3","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Between the Politicisation and Juridisation of Constitutional Accountability in Poland
The article discusses the models of constitutional accountability as well as the personal and material scope. The Polish model of accountability is much closer to politicization than to juridization. The Constitution defines a closed circle of entities that may be held accountable before the State Tribunal, which adjudicates on three types of liability: 1. For a constitutional tort, i.e. a violation of the Constitution or a statute, however, without the characteristics of a criminal offence. 2. Criminal law unrelated to a constitutional tort, this applies only to the person holding the office of the President of the Republic of Poland. 3. Criminal for a constitutional delict meeting the criteria of a criminal offence, concerning an act committed in connection with the function performed.