FAQ

2020 Następne

Data publikacji: 2020

Licencja: Żadna

Redakcja

Redaktor naczelny Piotr Tuleja

Sekretarz redakcji Monika Florczak-Wątor

Zawartość numeru

Studia i artykuły

Covadonga Ferrer Martín de Vidales

Przegląd Konstytucyjny, Numer 2 (2020), 2020, s. 5 - 39

Nowadays, Constitutional Courts carry out an essential function in every Democratic State because they safeguard the constitutional provisions and guarantee that the rest of the legal order complies with them. Te Spanish Constitutional Court is not an exception and, through its interpretative function, has been able to specify and develop the content of provisions both at constitutional and sub-constitutional levels, creating norms, rules, and principles that adhere to those of constitutional rank. Te present work aims to give the reader an overview of the organization and functioning of the Spanish system of constitutional justice, making a particular emphasis on the Constitutional Court?s interpretative function because this is the main and most important function of current Constitutional Courts.

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Maria Kruk

Przegląd Konstytucyjny, Numer 2 (2020), 2020, s. 40 - 67

Whether the Polish Constitution of 1997 could have been better?

Considerations on whether the Polish Constitution of 1997 could have been better were inspired by the constitutional practice of more than 20 years of its validity, and especially the last years, when a homogeneous and hegemonic parliamentary majority is increasingly making all state bodies and institutions dependent on a political party, leading slowly to the weakening of the rule of law, denying the division of power, and appropriating the judiciary in such a way that there is already more and more talk of a departure from the standards of a democratic system. But what?s worse ? to ridicule democracy by introducing the chaos that has recently taken place in connection with the election of the President of the Republic of Poland. The article analyses this practice, asking whether the principles of the Constitution could have been formulated in such a way as to prevent or at least hinder such undemocratic practice. But what is more, does it provide for sufficient control mechanisms and instruments capable of enforcing accountability? Although the article recognizes a number of weaknesses in the Constitution, when confronted with its application, the author leads to the conclusion that if it were not for the violation of the Constitution, its false interpretation and the ignoring of its principles, i.e. if it were observed, it could successfully serve as the foundation of a democratic state.

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Paweł Bała

Przegląd Konstytucyjny, Numer 2 (2020), 2020, s. 68 - 121

Constitutional Failure. Regulation of Extraordinary Measures and Similar Institutions  in the Constitution of the Republic of Poland of April 2, 1997, and the Structural Practice of the Elimination of COVID-19 / SARS-CoV-2 Epidemic

The article is concerned with the regulation of extraordinary measures in the Polish Constitution of April 2, 1997, in the context of the political practice that we are dealing with since March 2020 in Poland. The author indicates that the actual model of the epidemic state in Poland shows all features of a constitutional state of emergency. In particular, the epidemic state law limits various constitutional rights and introduces a number of di?erences in the functioning of public administration. The author argues that this state eludes constitutional provisions to the point of being in contradiction with them.

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Jan Uniejewski

Przegląd Konstytucyjny, Numer 2 (2020), 2020, s. 122 - 146

The Issue of Constitutionality of The Provisions of  Article 82 of The Competition and Consumer Protection Act of 2007

The remarks mainly focus on the evolution of the legal regulation contained in the analyzed legislation, its doctrinal and judicial assessments, as well as its relationship with other legal norms, especially with the provisions of the Constitution of the Republic of Poland of 1997. As a consequence of the partial assessments (given as a part of the separate stages of re?ections), the postulates of partial change of the current regulation are formulated which ? according to the author ? will allow reaching full compliance with the fundamental rights of the state. Te analyzed regulation is a?ected by the status of unconstitutionality which results in incompatibility with the provisions of Articles 2, 31 section 3, 32 section 1, and 190 section 4 of the Polish Constitution.

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Anna Musiała

Przegląd Konstytucyjny, Numer 2 (2020), 2020, s. 147 - 162

Employee Stock Ownership Plan – Polish Approach

The present study comes as a result of a speech delivered at a conference organized at the Faculty of Law and Administration of the Jagiellonian University on May 20, 2019, that was devoted to the topic of the Social burden of private ownership: philosophy and law. At this conference, I had a great pleasure of giving insight into the history of employee stock ownership plan in Poland and its contemporary implications. Both when preparing and delivering my speech, I had a growing conviction that the following words of Pierre Legendre, a great French scholar, hold: the law is a discourse about life. Today I already know that the labour law is a unique discourse about life, and each and every one of institutions from the domain of this branch of law (understood correctly, i.e. with due consideration for its constitutional and axiological foundations) attests to it. So does the institution of an employee stock ownership plan. Why is it so? Because the labour law equals social and economic order, meaning the foundations for the functioning of the society and the state. There is no other branch of law that would pervade human life as deeply and for such a long time the labour law. Each successive labour law institution remains extremely closely linked with the remainder of social situations. We can say that it emanates on other society members

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