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Volume 11, Issue 1

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Volume 11 (2018) Next

Publication date: 29.06.2018

Description
Volume Editors:prof. dr hab. Dorota Malec, prof. dr hab. Wacław Uruszczak, dr Maciej Mikuła, Kacper Górski

Licence: CC BY-NC-ND licence icon

Editorial team

Issue Editors Prof. dr hab. Dorota Malec, Prof. dr hab. Wacław Uruszczak, Dr Maciej Mikuła, Kacper Górski

Issue content

Tomáš Gábriš, Alexandra Letková

Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 1 - 34

https://doi.org/10.4467/20844131KS.18.001.8573
In the Slovak historiography, constitutional history was dominant and accounted for the largest number of publications in the researched period of 2000–2015, comprising monographs, journal articles, students’ textbooks and collections of conference papers. The contribution provides an overview of production revolving around five major topics of Slovak constitutional historiography, offering an extensive list of works from the 2000–2015 period in the footnotes and in the final list of bibliography. The aim was to include all relevant publications from the period, which explains the number of references and the length of the list of bibliography.
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Izabela Lewandowska-Malec

Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 35 - 45

https://doi.org/10.4467/20844131KS.18.002.8574
The article shows a progress in researches on Polish parliamentarism in the period of the Polish – Lithuanian Commonwealth. The literature on the old Polish Sejm is currently very extensive. On the basis of archival printed and manuscript sources (especially Sejm’s diaries), the authors prepared monographs of individual parliaments, then the synthesis of longer periods in the history of the parliament, and finally they became interested in particular problems of the parliamentary system. The main examples of the research directions are indicated. In the conclusion, the author suggested, that it would be appropriate to examine specific issues such as the nature of the parliamentary mandate, because to this day, views from the 19th century are reiterated in historical literature.
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Heinz Mohnhaupt

Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 47 - 65

https://doi.org/10.4467/20844131KS.18.003.8575
Constitutional history has today achieved a dominant place among the various categories of law. The question this raises is whether or how far contemporary problems, both national (German reunification) and international (European Union), which also pose contemporary political problems, have influenced historical research on the development of the modern constitution. The changing relationship between contemporary constitutional law and historical research on the theory and reality of constitutional development remains to be investigated. The following might serve as historical research criteria: 1) The concept and notion of the constitution; 2) their function, and 3) editions of constitutional texts in Germany in the last 15 years.
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Roman Shandra

Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 67 - 94

https://doi.org/10.4467/20844131KS.18.004.8964
The article is an extended version of the report prepared for the International Conference: “Constitutional History 2000–2015: New Research, New Ideas, New Perspectives”, which took place at Jagiellonian University (Krakow) September 19–20, 2016. The results of the research activities of Ukrainian scholars – law historians – during 2000–2015 have been considered in the work. General data about historical-legal works issued during the analyzed period have been highlighted, statistical information has been presented. Data about the most significant centers for academic research into the history of state and law in different regions of Ukraine has been provided. The role and importance of the International Association of Law Historians in the development of historical-legal studies in Ukraine have been discussed. The author has considered the most substantial published works in the branch of constitutional and legal history issued during the analyzed period. Their general characteristics have been presented. Special attention has been dedicated to the research activities of scholars from Ivan Franko Lviv National University. Results of their research during the 2000–2015 time frame have been highlighted; principal academic works issued during the analyzed period have been described and characterized. Major tendencies and lines of historical-legal research in Ukraine have been outlined on the basis of the data studied.
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Kamila Staudigl-Ciechowicz

Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 95 - 126

https://doi.org/10.4467/20844131KS.18.005.8576
The article shows the variety of topics covered in the Austrian legal history between 2000 and 2016. After a short overview on the Austrian research facilities and professional journals on legal history, the article concentrates on the main research topics in the field of constitutional history. The publications and conferences of the last fifteen years address a wide range of research questions: among others projects on the life and work of Hans Kelsen, studies on the interwar Austrian legal system and the different movements of Austrian legal doctrine and moreover general aspects of parliamentary history of the Austro-Hungarian Empire and the first Austrian republic.
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Laurent Waelkens

Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 127 - 136

https://doi.org/10.4467/20844131KS.18.006.8577
The text is an overview of research activity about the history of public law in the different law faculties of the Low Countries. To the main fields of research belong especially: research on sovereign courts and case law; history of constitutional law and legislation; public ius commune and human rights; history of international law; history of penal law and transitional law; history of the relations of Church and State. As a general conclusion it has been assumed, that In the Low Countries legal history is in a quite healthy state, and so are the history of public law and constitutional law.
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Andrzej Dziadzio , Mateusz Mataniak

Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 137 - 167

https://doi.org/10.4467/20844131KS.18.007.8578
The aim of this article is to present the framework and scope of activities of the Government of Galicia during the period of constitutional rule in Austria (1867–1914). The changes introduced then are shown on the background of the fundamental constitutional reforms, especially to be seen in the fluctuations between centralism and federalism. At first, attention is paid to adjusting the Galician administration to the requirements of the December Constitution (of December 21, 1867). Secondly, the tasks of the Governorship are outlined, among others, matters of political and police administration, denominations and education, commercial and industrial affairs, „national culture”, and construction. Moreover, separation of the decision-making process between the Governor, with his prerogatives, and the Council of the Governorship is considered, as well as the responsibility of the former for the manner of executing Government orders, e. g. in the field of the supervision of Governorship officials. Finally, the article examines how the responsibilities of all departments of the Governorship are also restored (nine from 1868, thirteen from 1890 and over thirty in 1914), along with the reforms carried out by Michał Bobrzyński from 1908 to 1914, in order to improve the functioning of the Galician administration.
 
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Jakob Maziarz

Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 169 - 171

https://doi.org/10.4467/20844131KS.18.008.8579
The reviewed book is a study devoted to history of interwar (1920–1939) prison system in Bydgoszcz. The work is divided into five chapters. They are: 1) The history of penitentiary service in Bydgoszcz in years 1920–1939, 2) Penitentiary agricultural colony no. 3 in Trzeciewnica, 3) Biographical notes of penitentiary workers in Bydgoszcz, 4) Society for the care of prisoners „Patronage” („Patronat”). According to the opinion of the review author the contents of work is correctly and sufficient for this kind of studies. Reviewer is more critical regarding to the structure of work, which is inconsistent and unclear.
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Przemysław Sołga

Cracow Studies of Constitutional and Legal History, Volume 11, Issue 1, Volume 11 (2018), pp. 173 - 176

https://doi.org/10.4467/20844131KS.18.009.8580
This review discusses the structure of the book, its time frame, and scope, as well as the sources used by the author. The overall assessment is in some respects unfavorable. This is due to quite evident gaps in the coverage of the subject, as well as the tone of the author’s polemics and personal remarks.
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Słowa kluczowe: constitutional history, Slovakia, Great Moravia, Beneš decrees, Slovak State, Slovak Republic, Czechoslovakia, Polish parliamentarism, Sejm, historiography, constitutional history, Constitution, fundamental law, concept and notion of constitution, constitutional historiography, constitutional law and history, Europe, Germany, influence of politics, comparison, edition of constitutions, Ukraine, Ukrainian scholars, International Association of Law Historians, constitutional and legal history works, law historians, Ivan Franko Lviv National University, research on legal history, Austrian legal history, constitutional history, legal history, constitutional history, constitution, public law, Belgium, Nederlands, Low Countries, governor, governorship, Government of Galicia, Galicia, 19th century, Austria-Hungary, bureaucracy, prison system, executive criminal proceedings, Bydgoszcz, interwar period, state, secularization, Catholic Church, material base