Introduction to the Constitution of the Republic of Poland

Introduction to the Constitution of the Republic of Poland

Author: Bogumił Szmulik

Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości

ISBN: 9788366344525

Category: Law

Page: 256

View: 264

Introduction to the Constitution of the Republic of Poland by Bogumił Szmulik and Jarosław Szymanek is a cohesive and no-nonsense overview serving as an unassuming and reader-friendly compendium of the current Polish Constitution. With each chapter, the authors gradually introduce readers to the world of legal and political constitutional complexities. Without overloading readers with information, they conduct a comprehensible if accessible narration as well as providing intelligible but nuanced and critical accounts of difficult and controversial matters. Despite its modest title, their work is much more than a simple introduction to the Polish Constitution. Readers will find here not only an approachable analysis of the contents of the 1997 Constitution but will also become familiar with the practice of its implementation as well as with the trajectories of related debates and proposals for future changes. Such a comprehensive approach on the part of the authors makes the book suitable not only for constitutional lawyers, i.e., professionals, but for a much wider group of general readers, both at home and abroad. After all, each of us – regardless of our type of education or scope of interests – ought to be conversant with the constitution of our country. As regards international readers, the English translation of the book may well be the only wide-ranging publication available presenting the Polish fundamental statute. Prof. dr hab. Genowefa Grabowska Authored by Bogumił Szmulik and Jarosław Szymanek, the monograph is an invaluable and fascinating example of a scholarly publication. The book specifies and explains the solutions – often very general and challenging in terms of interpretation – adopted by the legislators in the Constitution of the Republic of Poland. The mode of disquisition is informed by didacticism and systematism, making the publication exceptionally valuable, given the wide range of readers currently interested in constitutional matters. Concise and simultaneously packed with information, Introduction to the Constitution of the Republic of Poland is also likely to constitute an important point of reference while solving theoretical and practical dilemmas connected with the Polish fundamental statute. dr hab. Paweł Sobczyk, prof. UO

Legal dispute over the Constitutional Court in Poland

Legal dispute over the Constitutional Court in Poland

Author: Bogumił Szmulik

Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości

ISBN: 9788366344501

Category: Law

Page: 280

View: 241

The strengthening of the position of courts was, to a large extent, the result of the creation and rapid development of constitutional justice. It has made the power that was “in some measure, next to nothing” a real power, and the apolitical placement of courts changed into a political one, or at least one leading to serious political repercussions.… There is no doubt today that courts are a branch of power in the full sense of the word, and some even point out that because of constitutional justice they have become de facto the first power. From the position of a passive power, they have changed their placement, mainly owing to constitutional justice, to that of an active power, which competes on a par with the authority of the parliament and government in search of a golden mean of political balance. As a consequence, constitutional courts have slowly, but very consistently, forged their position by stepping into the shoes of a power that is as a matter of fact a political and active one. This, apart from prestige and recognition for constitutional courts, has also created the threat that, like with all the other active branches of power, they would become a participant in disputes and polemics, and could enter into a classic power conflict…. Political disputes over the Constitutional Court cannot be eliminated altogether. The Court, by its very nature, may betray political engagement, or at least its judicial decisions will have a political effect, which means that it will be engaged in the political optics of rivalry between the separated branches of power. The constitutional drafters, acting rationally, should therefore exercise due care to eliminate possible tensions. Political disputes cannot be predicted, nor can they be eliminated. However, they can be mitigated, and unfortunately this is still missing in the Polish Constitutional Court model. FROM THE INTRODUCTION

The Crosses of Auschwitz

The Crosses of Auschwitz

Author: Geneviève Zubrzycki

Publisher: University of Chicago Press

ISBN: 9780226993058

Category: Social Science

Page: 280

View: 695

In the summer and fall of 1998, ultranationalist Polish Catholics erected hundreds of crosses outside Auschwitz, setting off a fierce debate that pitted Catholics and Jews against one another. While this controversy had ramifications that extended well beyond Poland’s borders, Geneviève Zubrzycki sees it as a particularly crucial moment in the development of post-Communist Poland’s statehood and its changing relationship to Catholicism. In The Crosses of Auschwitz, Zubrzycki skillfully demonstrates how this episode crystallized latent social conflicts regarding the significance of Catholicism in defining “Polishness” and the role of anti-Semitism in the construction of a new Polish identity. Since the fall of Communism, the binding that has held Polish identity and Catholicism together has begun to erode, creating unease among ultranationalists. Within their construction of Polish identity also exists pride in the Polish people’s long history of suffering. For the ultranationalists, then, the crosses at Auschwitz were not only symbols of their ethno-Catholic vision, but also an attempt to lay claim to what they perceived was a Jewish monopoly over martyrdom. This gripping account of the emotional and aesthetic aspects of the scene of the crosses at Auschwitz offers profound insights into what Polishness is today and what it may become.

National Constitutions and EU Integration

National Constitutions and EU Integration

Author: Stefan Griller

Publisher: Bloomsbury Publishing

ISBN: 9781509906741

Category: Law

Page: 863

View: 107

Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration? This ambitious collection brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees. In doing so, it tracks possible roadblocks to the future evolution of European integration. Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape. Its single-structure approach allows for comparison while maintaining consistency. It will become the standard reference work for academics, students and practitioners in the field of European Union law and integration.

German Revisionism

German Revisionism

Author: Poland. Ambasada (U.S.)

Publisher:

ISBN: IND:32000009199094

Category: Catholics

Page: 20

View: 950

"The material in the following pages indicates the spirit of national unity with which the Roman Catholic clergy and laity of People's Poland confront attempts by officials of the Bonn Government of Western Germany and elsewhere to stimulate the spirit of revenge and to conscript a new Wehrmacht for another 'Drang nach Osten' aimed at peace and the western territories of Poland."--P. [1].

From Old Times to New Europe

From Old Times to New Europe

Author: Agata Fijalkowski

Publisher: Routledge

ISBN: 9781317131953

Category: Law

Page: 242

View: 857

From Old Times to New Europe considers the post-totalitarian legal framework in today's Europe, arguing that the study of totalitarianism and post-totalitarianism continues to be significant as ever. Drawing mainly on the Polish experience, this analysis focuses on the significant part played by history in the development of the region's identity and preferences concerning the role of the state in public and private life. It examines the political, socio-economic and legal aspects of key events and draws comparisons with other CEE states, whilst implementing key socio-legal theories to explain trends and strains in this post-Communist and post-totalitarian period. With the benefit of access to archival sources in Poland and Russia, this book will be of interest to students and researchers of European law, law and society and international criminal justice.

The Rule of Law after Communism

The Rule of Law after Communism

Author: Martin Krygier

Publisher: Routledge

ISBN: 9781351540728

Category: Law

Page: 352

View: 813

This book is among the first books to consider post-communist Europe from the point of view of the rule of law. This book collects articles written by specialists on the rule of law in particular countries. Interdisciplinary in approach, this book reveals the multi-layered complexity of the development of the rule of law after communism.