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Book Poland s Constitutional Breakdown

    Book Details:
  • Author : Wojciech Sadurski
  • Publisher : Oxford Comparative Constitutio
  • Release : 2019-05-16
  • ISBN : 0198840500
  • Pages : 305 pages

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.

Book National Constitutions in European and Global Governance  Democracy  Rights  the Rule of Law

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.

Book Introduction to the Constitution of the Republic of Poland

Download or read book Introduction to the Constitution of the Republic of Poland written by Bogumił Szmulik and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on 2020 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Book Constitutional Law in Poland

    Book Details:
  • Author : Agnieszka Bień-Kacała
  • Publisher : Kluwer Law International B.V.
  • Release : 2021-04-20
  • ISBN : 9403533013
  • Pages : 266 pages

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.

Book Constitution of the Republic of Poland  April 23rd 1935

Download or read book Constitution of the Republic of Poland April 23rd 1935 written by Poland and published by . This book was released on 1935 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book New Constitution of the Government of Poland

Download or read book New Constitution of the Government of Poland written by Poland and published by . This book was released on 1991 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Poland s Constitution of May 3  1791

Download or read book Poland s Constitution of May 3 1791 written by Poland and published by . This book was released on 1985 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Introduction to Polish Law

    Book Details:
  • Author : Stanis?aw Frankowski
  • Publisher : Kluwer Law International B.V.
  • Release : 2005-01-01
  • ISBN : 9041123318
  • Pages : 450 pages

Download or read book Introduction to Polish Law written by Stanis?aw Frankowski and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: During two decades encompassing three epochal events - the collapse of European communism in 1989, NATO membership in 1999, and accession to the European Union in 2004 - the legal system of Poland has emerged with remarkable maturity and stability. In an exemplary blend of its democratic heritage from the era between the World Wars, proven effective legislation from the communist era, and the vibrant 1997 Constitution, Polish law dramatically reflects new social, economic and political realities. With eleven lucid chapters written by fifteen academic experts from the Warsaw University School of Law and Administration, each in his or her respective field of law, this deeply informed but succinct and practical volume is the ideal starting point for research whenever a question of Polish law arises. The authors clearly explain the legal concepts, customs and rules surrounding such essential elements as the following:principles and practices of constitutional law;administrative law and procedure;civil procedure;courts and special judicial bodies;judicial review;enforcement of foreign judgments;family, succession and inheritance matters;formation and conduct of corporations and partnerships;contract formation, interpretation and termination; environmental protection;harmonizing Polish economic law with EU standards; competition law and regulatory framework of market processes; special regulation of energy, telecommunications and financial markets; copyrights, patents, utility models and industrial designs; licence agreements;the labour relationship and types of employment contracts; andcriminal law and procedure. Each chapter includes its own detailed bibliography. English-speaking legal practitioners and academics have here an ideal introduction to the basic institutions, principles and rules of Polish law. Encompassing all the major fields of legal practice, Introduction to Polish Law provides an essential understanding of the Polish legal system, so that users can become familiar with law and legal processes in Poland and pursue further research on specific Polish legal matters. Practitioners will find it of great value for both counselling and courtroom use.

Book The Constitution of Poland

Download or read book The Constitution of Poland written by Miroslaw Granat and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the Polish Constitution of 1997, concentrating on its structure, its substance and some of the institutional choices made by the drafters. The core of the Constitution is similar to other liberal democratic constitutions, but, in addition, it regulates a number of issues – such as public finances and sources of law – that are new to Polish constitutionalism and to constitutionalism in general. It considers in a detailed manner certain institutional choices made in the Constitution, such as the bicameral parliament, the peculiar structure of the executive branch, as well as the principle of independence of courts and judges, fundamental rights and local government. The book is a vital resource for all those interested in Poland's Constitution, and the rich comparative constitutional insights the country offers. In addition to explaining the 1997 Constitution in its political, historical, and social context, the book tackles the radical changes, in particular within the judicial branch, introduced by the new governing majority since 2015. These new regulations, constitutional in character, but without formally changing the Constitution, challenged the rule of law, a key component of membership in the European Union. Despite the negative nature of these recent developments, the anchoring of Polish constitutional law in European constitutionalism presents a source of optimism that the 1997 Constitution will regain its position as the supreme law of the state.

Book The Polish Constitution

Download or read book The Polish Constitution written by Poland and published by . This book was released on 2000 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Constitutions of Poland and of the United States

Download or read book The Constitutions of Poland and of the United States written by Joseph Kasparek-Obst and published by . This book was released on 1980 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Constitution of the Republic of Poland  April 23rd 1935

Download or read book Constitution of the Republic of Poland April 23rd 1935 written by and published by . This book was released on 1935 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Struggle for Constitutionalism in Poland

Download or read book The Struggle for Constitutionalism in Poland written by M. Brzezinski and published by Springer. This book was released on 1997-10-29 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first time in paperback is the best comprehensive examination of the development of constitutionalism in Poland. In particular, this book examines Poland's long-term constitutional history, the adoption of a new constitutional framework after 1989, and the establishment of structures and procedures designed to institutionalize enduring respect for constitutional rules and principles. Notwithstanding continuing challenges in Poland, the groundwork for constitutionalism based on notions of limited government and reflective of European constitutional norms has emerged from the collapse of the communist system of power.

Book Revolutionary Constitutions

Download or read book Revolutionary Constitutions written by Bruce Ackerman and published by Harvard University Press. This book was released on 2019-05-13 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering insights into the origins, successes, and threats to revolutionary constitutionalism, Bruce Ackerman takes us to India, South Africa, Italy, France, Poland, Burma, Israel, Iran, and the U.S. and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy.

Book New Constitution of the Government of Poland

Download or read book New Constitution of the Government of Poland written by Poland and published by . This book was released on 1791 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Outline of Polish Constitutional Law

Download or read book Outline of Polish Constitutional Law written by Bogusław Banaszak and published by . This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is an introductory text to the Polish constitutional system. It is intended for anyone wishing to gain clear understanding of the subject and is suitable for use by foreign students of law, journalists, and everyone interested in current matters of Poland. This text deals with constitutional issues in a comprehensive and informative way, covering a wide range of topics -- from the brief history of Polish constitutionalism and parliamentarism to the recent political and legal institutions as well as rights and liberties of man and citizen, which constitute and define the constitutional system of the Republic of Poland"--

Book The Polish Constitution of the Third of May

Download or read book The Polish Constitution of the Third of May written by Polish Information Center (New York, N.Y.) and published by . This book was released on 1943 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: