Download or read book Legal dispute over the judiciary in Poland written by Bogumił Szmulik and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on 2020 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal dispute over the Constitutional Court in Poland written by Bogumił Szmulik and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on 2020 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Download or read book Bia ystok Law Books 11 written by Lech Jamróz and published by Wydawnictwo Temida 2. This book was released on 2014 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Judges As EU Law Judges The Polish Civil Law System written by Urszula Jaremba and published by Martinus Nijhoff Publishers. This book was released on 2013-10-17 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Judges as EU law Judges: The Polish Civil Law System by Urszula Jaremba aims at filling a research gap in one of the key areas of EU law concerning its enforcement at the national level and the phenomenon of judicial behaviour. More precisely, it examines the way civil judges in Poland function as EU law judges, and the practical problems they encounter while striving to actualise this constitutive role. However, the book goes beyond the formal law scenario, and investigates how Polish civil judges establish their own understanding of EU law and the new requirements it has imposed upon them. To this end, the study employs an empirical − that is to say quantitative and qualitative − methodology and theory to result in a socio-legal study that combines legal and empirical insights into the way national judges function in the context of EU law.
Download or read book Poland s Constitutional Breakdown written by Wojciech Sadurski and published by Oxford Comparative Constitutio. This book was released on 2019-05-16 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.
Download or read book Constitutional Law in Poland written by Agnieszka Bień-Kacała and published by Kluwer Law International B.V.. This book was released on 2021-04-20 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Poland provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Poland will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Download or read book Eroding Checks and Balances written by Lydia Gall and published by . This book was released on 2017 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recommendations -- I. Independence of the judiciary -- Interference with freedom of expression and the media -- II. Overbroad counterterrorism powers -- III. Restriction of women's reproductive rights -- IV. Restriction of freedom of assembly -- V. Interference with civil society and freedom of association -- VI. Violating asylum seekers' rights -- VII. Regional and international criticism -- Acknowledgments.
Download or read book National Courts and EU Law written by Bruno de Witte and published by Edward Elgar Publishing. This book was released on 2016-06-24 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.
Download or read book Poland Towards to sic the Rule of Law written by Ewa Łętowska and published by Wydawn. Nauk. Scholar. This book was released on 1996 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Constitutions in European and Global Governance Democracy Rights the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Download or read book Constitutional Identity in a Europe of Multilevel Constitutionalism written by Christian Calliess and published by Cambridge University Press. This book was released on 2019-10-24 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Download or read book Books Are Weapons written by Siobahn Doucette and published by University of Pittsburgh Press. This book was released on 2018-03-07 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much attention has been given to the role of intellectual dissidents, labor, and religion in the historic overthrow of communism in Poland during the 1980s. Books Are Weapons presents the first English-language study of that which connected them—the press. Siobhan Doucette provides a comprehensive examination of the Polish opposition’s independent, often underground, press and its crucial role in the events leading to the historic Round Table and popular elections of 1989. While other studies have emphasized the role that the Solidarity movement played in bringing about civil society in 1980-1981, Doucette instead argues that the independent press was the essential binding element in the establishment of a true civil society during the mid- to late 1980s. Based on a thorough investigation of underground publications and interviews with important activists of the period from 1976 to 1989, Doucette shows how the independent press, rooted in the long Polish tradition of well-organized resistance to foreign occupation, reshaped this tradition to embrace nonviolent civil resistance while creating a network that evolved from a small group of dissidents into a broad opposition movement with cross-national ties and millions of sympathizers. It was the galvanizing force in the resistance to communism and the rebuilding of Poland’s democratic society.
Download or read book The Politics of Judicial Independence written by Bruce Peabody and published by JHU Press. This book was released on 2011 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2011 Winner of the Selection for Professional Reading List of the U.S. Marine Corps The judiciary in the United States has been subject in recent years to increasingly vocal, aggressive criticism by media members, activists, and public officials at the federal, state, and local level. This collection probes whether these attacks as well as proposals for reform represent threats to judicial independence or the normal, even healthy, operation of our political system. In addressing this central question, the volume integrates new scholarship, current events, and the perennial concerns of political science and law. The contributors—policy experts, established and emerging scholars, and attorneys—provide varied scholarly viewpoints and assess the issue of judicial independence from the diverging perspectives of Congress, the presidency, and public opinion. Through a diverse range of methodologies, the chapters explore the interactions and tensions among these three interests and the courts and discuss how these conflicts are expressed—and competing interests accommodated. In doing so, they ponder whether the U.S. courts are indeed experiencing anything new and whether anti-judicial rhetoric affords fresh insights. Case studies from Israel, the United Kingdom, and Australia provide a comparative view of judicial controversy in other democratic nations. A unique assessment of the rise of criticism aimed at the judiciary in the United States, The Politics of Judicial Independence is a well-organized and engagingly written text designed especially for students. Instructors of judicial process and judicial policymaking will find the book, along with the materials and resources on its accompanying website, readily adaptable for classroom use.
Download or read book Rule of Law Common Values and Illiberal Constitutionalism written by Tímea Drinóczi and published by Routledge. This book was released on 2020-09-08 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.
Download or read book The Practice of Judicial Interaction in the Field of Fundamental Rights written by Casarosa, Federica and published by Edward Elgar Publishing. This book was released on 2022-02-04 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.
Download or read book Perceptions of the Independence of Judges in Europe written by Frans van Dijk and published by Springer Nature. This book was released on 2020-12-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book is about the perception of the independence of the judiciary in Europe. Do citizens and judges see its independence in the same way? Do judges feel that their independence is respected by the users of the courts, by the leadership of the courts and by politicians? Does the population trust the judiciary more than other public institutions, or less? How does independence of the judiciary work at the national level and at the level of the European Union? These interrelated questions are particularly relevant in times when the independence of the judiciary is under political pressure in several countries in the European Union, giving way to illiberal democracy. Revealing surveys among judges, lay judges and lawyers - in addition to regular surveys of the European Commission - provide a wealth of information to answer these questions. While the answers will not please everyone, they are of interest to a wide audience, in particular court leaders, judges, lawyers, politicians and civil servants.
