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Constitutional Failure. Regulation of Extraordinary Measures and Similar Institutions in the Constitution of the Republic of Poland of April 2, 1997, and the Structural Practice of the Elimination of COVID-19 / SARS-CoV-2 Epidemic

100%
Bała P.
Constitutional Review
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2020
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issue 2
PL
The article is concerned with the regulation of extraordinary measures in the Polish Constitution of April 2, 1997, in the context of the political practice that we are dealing with since March 2020 in Poland. The author indicates that the actual model of the epidemic state in Poland shows all features of a constitutional state of emergency. In particular, the epidemic state law limits various constitutional rights and introduces a number of differences in the functioning of public administration. The author argues that this state eludes constitutional provisions to the point of being in contradiction with them.
2

„Na Nim spoczywa odpowiedzialność wobec Boga i historii za losy Państwa”. Ustawa konstytucyjna RP z 1935 roku w perspektywie decyzjonistycznej

100%
Bała P.
Studia nad Autorytaryzmem i Totalitaryzmem
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2012
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vol. 34
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issue 3
49-74
EN
The paper is devoted to the reconstruction of the doctrinal-and-legal foundations of decision­ism, as proposed by Professor Carl Schmitt, and to the assessment of the role played by the Office of the President of the Polish Republic, as determined by the 1935 Constitution of the Polish Republic, from the standpoint of the aforementioned theory. In the first part of the paper, the author character­izes the Office of the President of Polish Republic in accordance with the provisions of “the April Constitution”. This normative act was probably the most original and innovative Polish Constitu­tion, particularly with respect to the part devoted to the position of the Head of State. The rules of the act equipped President of the Polish Republic with a number of prerogatives which gave him a tremendous amount of power, unknown either previously (disregarding abnormal circumstances regarding state’s functioning, i.e. during armed insurgency) or afterwards to the Polish constitutional tradition. Involuntarily, the shape and the character of these rules, particularly of the adopted formula concerning President’s responsibility “before God and history”, appear associatively connected with the decisionist theory as proposed by Professor Carl Schmitt. In the second part of the paper the author analyzes the theory of decisionism, starting with the ecclesiastic sources of this conception and finishing with circumstances in which the theory was put forward by Schmitt as a constitutional proposal, meaning at the time of the German Reich’s disorganization and of the emergence of the opportunity for revolutionary parties of totalitarian profile to seize political power. The third part of the text provides a comparative analysis of the decisionist theory and of the “Polish concept of authoritarianism,” resulting in the discovery of certain similarities and coincidences between the intellectual foundations of Schmitt’s theory and the work of Polish constitutionalists, including common inspirations and axiological presuppositions of these two political-and-legal projects. This comparison permits the author to conclude that there was a significant concurrence between the concepts of the German jurist and of Polish lawmaker.
3

Zasady prawa międzynarodowego. Na marginesie teorii stosunków międzynarodowych prof. Ryszarda Skarzyńskiego

100%
Bała P.
Przegląd Prawa Publicznego
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2012
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issue 7-8
32-44
EN
This article was made after reading the monograph of Professor Richard Skarzynski ‘Anarchy and polycentrism. Elements of the theory of international relations’. The author put in his book the question: ‘Is the theory of international law characterized by many contradictions or even erroneous propositions, because erroneous perception of internationally reality by its creators?’. Exemplification of contrary assertions of empirical experience in international law is, for example, the principle of equality of states. The doctrine of international law increasingly recognizes that the development of international law – by agreement or law-making activities of bodies such as international organizations – the principle of equality of states does not reflect the actual relationship. Skarzyński indicates that the consensus in international relations is complicated by the fact that there is no uniform concept of a peaceful arrangement of these relations, as there is no compatible conception of the state, nation, and the different civilizations use the multiple concepts and are based on different values. It seems that apart from differences of definition, different ideas of political and social institutions in a polycentric world, particularly troublesome is the inability to develop a global ethics. Ethics is after all a factor in determining the final shape of legal norms. The organization of the human species implies a lack of uniformity of international law. Uniformity can at best be partial and bottom-up, for example by agreement of the Member Agreement, or from above, i.e., imposed by force by other countries.
4
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Stan wojenny 13 grudnia 1981 r. jako zagadnienie prawa ustrojowego. Interpretacja decyzjonistyczna

100%
Bała P.
Przegląd Sejmowy
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2013
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issue 4(117)
83-102
EN
The article examines martial law period from a decisionistic perspective. Thus, the analysis would show introducing martial law in the People’s Republic of Poland in 1981 as a legitimised legal action. Such an interpretation, as opposed to the prevailing understanding of law, focuses on the volitional aspect and the need to preserve political and legal system of the State. Therefore, it assumes that the main principle of law is the will of the State, rather than formal-legal aspect of law.
5
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Sprawozdanie z Konferencji Naukowej nt. „Polskie interpretacje autorytaryzmu i totalitaryzmu”, Karpacz, 7-9 grudnia 2010 roku

88%
Bała P.
Doctrina. Studia społeczno-polityczne
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2010
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vol. 7
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issue 7
241-243
PL
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