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Doktryna „wolnego rynku idei“. Geneza, ewolucja oraz praktyczne zastowanie

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Biłgorajski A.
Z Dziejów Prawa
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2011
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vol. 4(12)
111-134
EN
Many arguments were used to account for the postulate of granting an individual the broad- est scope of the freedom of expression. Among them, a predominating and most pertinacious was a hypothesis that a free speech is especially precious as it leads to the revelation of the truth. The latter, however, will be brought to light when all the opinions are clearly expressed under the circumstances of a free and unregulated marketplace of ideas. A doctrine of a free marketplace of ideas, the beginning of which dates back to 1644, re- mains the most significant form of specification of the idea of the freedom of speech. It shapes international standards of speech freedom, not only in the world of the Western culture. The supreme courts in democratic countries (including the Polish Constitutional Tribune) refer to it, justifying their adjudications in cases in which the heart of the matter concerns the freedom of expression. It has been so despite numerous voices of criticism addressed at the doctrine in ques- tion for at least several dozen years. In the light of the above-mentioned, it seems necessary and intentional to present the origins, evolution and a practical application of a doctrine of “a free marketplace of ideas”.
2

„OLD AND NEW IN HARMONY: IMPORTANCE OF FORMER SOURCES OF CANON LAW FOR THE CURRENT CHURCH’S DISCIPLINE

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Szuromi S. A.
Verba Theologica. Teologický časopis
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2020
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vol. 19
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issue 2
83 – 97
EN
It is clear, that one of the chief characteristics of canonical material, which has be been kept throughout a period of more than two thousand years – not depending on its date of origin – is its “sacred character”. The Bible, the Holy Tradition and the Magisterium of the Church are basic and essential sources in the Church’s life, therefore these are also indispensable bases for canon law as a norm-system which regulates the relations among persons and objects which participate in her very life. In order to interpret correctly these norms, the canonist needs to know – at least on a basic level – the Corpus iuris canonici, including acquiring the meaning and method of the auxiliary abbreviation system. Good routine in the canonical Latin is an elementary presumption by the Code. These indicated capacities were served already by the annotated edition of CIC (1917) which contained the sources of each canon in abbreviated form, and it is true regarding the new Code of Canon Law too. Canon law itself is in a close relation to the pastoral and sacrament-administering life of the Church and its content together with its goal are defined by her funder. This is therefore that stability which among alterations of external conditions signifies the immutability in the historically institutionalized Church’s life.
3
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Definicja mobbingu w stosunkach pracy – wybrane zagadnienia

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Szewczyk H.
Kontrola Państwowa
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2012
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vol. 57
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issue 4(345)
119-130
EN
Mobbing, understood as persistent and long-lasting bullying of an employee, was defined in the labour law already in 2004. The Polish regulations explicitly condemn mobbing and provide legal means for protecting against it. In practice, however, it is extremely difficult to prove that mobbing has actually taken place. Referring to the doctrine and judicature, the author presents the definition of mobbing set out in the Polish regulations, focusing on these elements that have to take place in order to prove that an employer has actually behaved in this way; she also indicates what forms of employment it should be applied for. In her article, the author also pays attention to the need to reconsider changes in the binding regulations to make the fight against mobbing more effective.
4
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ORGANISATIONAL UNITS OF THE CENTRAL ADMINISTRATION WITHIN CIVIL SERVICE (Jednostki organizacyjne administracji centralnej objete zakresem dzialania sluzby cywilnej)

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Sarota A.
Kontrola Państwowa
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2012
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vol. 57
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issue 2(343)
71-86
EN
The author analyses the notion of civil service with regard to a group of employees of the government administration (public officials) for whom a special law exists, set out in the Constitution. Due to the vagueness and diversity of terms used both in the Polish Constitution and in legal acts, there are disputes in the judicature and doctrine as for the scope of this law. These disputes are difficult to resolve also due to the multitude of organisational forms of public institutions. The article presents in detail problems related to this issue, and it focuses on system flaws that make it impossible to standardise the rights and responsibilities of officials, complicate the legal system and add to its inconsistency.
5
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Pojęcie dokumentu wewnętrznego – orzecznictwo sądów administracyjnych

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Szustakiewicz P.
Kontrola Państwowa
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2012
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vol. 57
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issue 6(347)
75-85
EN
The definition of an internal document is comprised in the ruling by the Supreme Administrative Court (NSA) of 18 August 2010 which provides that it is a document that is not addressed to external entities, meant for sharing information among the employees, presenting the rules they need to obey in given situations, and which can also be a step in preparations for developing an act that is a form of the activity of a given entity. Once the term “an internal document” was coined, a debate has started on whether it can be publicised or not. Two opinions have appeared in this respect: a formalist one, supported by some representatives of the doctrine who believe that each official document should be disclosed, and the material one, expressed mainly in the judicature of the NSA and regional administrative courts, according to which it should be the contents of the document rather than its form that should make it disclosed or not.
6

KARDINÁL NEWMAN, ZJEVENÍ A VÝVOJ VĚROUKY

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Štěch F.
Verba Theologica. Teologický časopis
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2020
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vol. 19
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issue 2
71 – 82
EN
This article deals with John Henry Newman’s account of revelation and the development of doctrine. It is intended as a contribution to the Czech and Slovak debate on Newman’s theological work which was revived after his canonisation in the year 2019. It starts with an overview of Newman’s understanding of God’s revelation (I.), continues with recalling his concept of doctrinal development (II.), and results in a synthesis (III.) presenting possibilities of inspiration we may draw from Newman’s scholarly work for a contemporary re-thinking of questions related to the concept of continual or new revelation. Based on encountering Newman’s thought, the concept of new revelation is critiqued, and a concluding terminological option is made for dependent revelation (instead of continuous or new revelation). This has an important consequence for the complex Christian theology of revelation. Dependent revelation is indispensably rooted in and based on the original revelation of Jesus Christ; it maintains development and includes new insights gained from particular experiences of faith throughout history, on the road towards the final, eschatological revelation. This account of revelation encourages Christians to rethink and experience again that God and human beings as well as time with eternity encounter one another within the Church.
7

ČESKOSLOVENSKÉ REFLEXE V MYŠLENÍ O VÁLCE OD „SRPNA 68“ PO VSTUP DO NATO

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Polnar S., Prokop B.
Vojenská história
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2020
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vol. 24
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issue 2
116 - 138
EN
The presented study is dedicated to the long period from August 1968 to March 1999. It is therefore defined by the occupation of Czechoslovakia by the Warsaw Pact troops and the accession of the Czech Republic to the North Atlantic Alliance. The text describes the development of Czechoslovak and Czech military-political, doctrinal and strategic thinking during this period. This specific area is described against the backdrop of international politics of the Cold War era, understanding the Czechoslovak state largely as an unjustified object of superpower policy. Despite that, the independent domestic military thinking did not disappear in this period either. This has also continued under the post-1989 conditions, although the journey of the Czech Republic to NATO has been artificially deprived of any real alternatives. The text, however, does not criticize cheaply, but tries to support the arguments by analysing a wide range of professional literature, including the sources in foreign languages. It is also based on the documents of the Prague National Archive, the Military Historical Archive Prague and the Military Historical Archive Bratislava.
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