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Issue 3 (2020)

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Publication date: 2020

Licence: None

Editorial team

Secretary Monika Florczak-Wątor

Editor-in-Chief Piotr Tuleja

Issue content

Studia i artykuły

Jerzy Zajadło

Przegląd Konstytucyjny, Issue 3 (2020), 2020, pp. 5-19

The article aims to prove that the contemporary lawyers? perspective was shaped not only by the Roman jurisprudence but also by the political and legal thought of ancient Greece. According to the author, this applies, in particular, to such notions as democracy, rule of law, and the administration of justice. However, the presented considerations are not historical but paradigmatical in nature. They are related to the current Polish constitutional crisis because we are dealing with a violation of the basic paradigms arising from the centuries-old tradition of European legal culture.

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Daniel Goinic

Przegląd Konstytucyjny, Issue 3 (2020), 2020, pp. 20-38

The aim of the paper is to assess the e?ectiveness of the activities of the Republic of Poland and the Republic of Moldova in terms of the implementation of the European Convention on Human Rights standards in some specifc human rights areas. The findings make it possible to identify the positive steps and setbacks that the Committee of Ministers faced in the supervision of judgment implementation executed by the concerned countries. Te paper focuses on the measures taken to enforce ECtHR judgments and describes the main problems identified by the ECHR in relation to both countries. The paper undertakes to explore the extent to which the European Court of Human Rights has improved the situation of human rights protection within these countries. The overview of the case law concerning both countries shows some common features but also some di?erences. Both countries have a history of violations of the European Convention on Human Rights, which is broader in the case of Moldova. The paper argues that the lack of human rights protection stems from the judiciary and state administrative bodies? failures. Tis has given rise to mistrust in decisions provided at the domestic level and explains why many Polish and Moldovan people place their hope in Strasbourg.

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Paweł Daroszewski

Przegląd Konstytucyjny, Issue 3 (2020), 2020, pp. 39-55

The article concerns citizen power, which is one of the five elements of the horizontal model of separation of powers in the Bolivarian Republic of Venezuela. This unique and innovative construction has been functioning in Venezuela since the Bolivarian Revolution. The aim of this study is to examine the sources of the historical and ideological idea of citizen power, its position in relation to other authorities, and systemic practice in the scope of the model adopted in the constitution. The structure of citizen power is presented, and the basic goals and principles of its organs are discussed. The analysis is also an attempt to assess the proposed solution. The considerations concern the advantages and risks of the examined concept. The analysis is based on constitutional law, statute provisions, and literature on the history and law of Venezuela.

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Arkadiusz Sylwester Mastalski

Przegląd Konstytucyjny, Issue 3 (2020), 2020, pp. 56-81

This paper presents an attempt to discuss the prosodic order of the Preamble to the Polish Constitution of 1997 by using the common notion of the verse derived from the definition of a verse/poem. The author tries to answer the question of the supposed verse or prosaic nature of the Preamble. On the foundations of the editions of the Preamble and S. Wilkanowicz?s drafts of its text, the author tries to reconstruct implicit writer?s intention or intuition which underlies the lineation of the Preamble in order to propose a proper form of the text based on a typographic routine used in the poems written in verse.

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Glosy i omówienia orzeczeń

Michał Ziółkowski

Przegląd Konstytucyjny, Issue 3 (2020), 2020, pp. 82-96

The commented judgment of the Supreme Court concerns the judicial independence and the rule of law in times of constitutional crisis. For the first time in the Polish history the Supreme Court ruled that one of the chambers of the Supreme Court, as well as the National Council of the Judiciary, did not give an appearance of judicial independence. The Supreme Court followed the test of the appearance of judicial independence that had been provided by the Court of Justice of the European Union. The Supreme Court also claimed that judicial independence is the essence of the right to a fair trial. In constitutional terms, it means that independence cannot be lawfully limited, even in a proportional way. The commentary discusses that claim under two di?erent theoretical concepts of the essence of a constitutional right (objective and abstract versus individual and relative).

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Anna Toporowska

Przegląd Konstytucyjny, Issue 3 (2020), 2020, pp. 97-107

This article is a partially critical commentary on the Supreme Court’s decision concerning the refusal of providing services to an LGBT foundation due to its activities. The commentary covers two main issues. First, the relation between freedom of contract and anti-discrimination regulation. In the author’s opinion, Article 138 of the Code of Petty Offenses concerns the non-contractual obligation to perform a service, which - at the date of the judgment - applied to every service provider of a given type. The second issue is the conflict between the freedom of conscience and the right to equal treatment. The author believes that freedom of conscience also includes the right to refuse to perform a service that promotes behavior contrary to the values professed by the service provider.
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Recenzje, noty, sprawozdania

Michał Krzemiński

Przegląd Konstytucyjny, Issue 3 (2020), 2020, pp. 108-113

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