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  1. 2 Przegląd Sejmowy

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  1. 1 2010

  2. 1 2009

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  1. 2 Malajny R. M.

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THE IDEA OF PARTITION OF STATE POWER AND ITS INTERPRETATION (Idea rozdzialu wladzy panstwowej i jej interpretacje)

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Malajny R. M.
Przegląd Sejmowy
|
2009
|
issue 1(90)
81-105
EN
The category of 'division of power' is one of the most ambiguous notions in constitutionalism. The article discusses various ways of understanding this category, particularly the partition of power understood as a separation of powers, i.e. the partition of functions and division of labour. In his conclusions, the author considers that, the basic content of the principle of partition of State power is determined by the following canons: - separation between legal spheres of operation of the State; - partition of the State apparatus into groups of organs (at least two) corresponding to the partition of the above-mentioned spheres; - making the relations between these organs based on the principle of independence and equality; - mutual restraint between individual groups of organs, the result of which is a relative balance between these groups, as well as their cooperation; - performance of their own legal sphere of activity by each group of organs and leaving them a relatively limited the capability to interfere in the activity of other groups.
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THE SEJM UNDER THE CONSTITUTION OF THE REPUBLIC OF POLAND OF 1997 - THE FIRST OR ONE OF EQUALLY IMPORTANT ACTORS? (Sejm w swietle Konstytucji RP z 1997 r. - pierwszy czy rowny)

100%
Malajny R. M.
Przegląd Sejmowy
|
2010
|
issue 5(100)
91-109
EN
After the entry into force of the constitutional act of 1992, opinions have been voiced in the literature that, despite the fact that the constitution contains the principle of separation of powers, the parliament still has a central place in the system of Polish state authorities. Even if this principle is clearly enshrined in Article 10 of Polish Constitution of 1997, the above-mentioned concerns have not subsided. It is claimed that separation of powers does not require a balance between state authorities. Consequently, certain legislative decisions may give priority to the executive or legislative branch of power. Although Article 10 paragraph 1 of the Constitution provides for a balance between the powers, further constitutional provisions give much stronger position to parliament, particularly to the Sejm. The author examines these claims in three contexts. First, whether the theory of separation of powers allows for any imbalance between the authorities (or groups thereof)? Second, whether the claim of a stronger position of parliament may be defended on the basis of the division of competences between particular authorities specified in the Constitution? Third, the above-mentioned claim may be defended in the context of constitutional practice? The author gives negative answer to all these questions and concludes that both the Polish Constitution and the practice of its application does not provide adequate justification for the claim of a superior position of the Sejm in the system of state authorities in Poland.
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