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Postępowanie doraźne a problem niezawisłości sędziów i niezależności sądów

100%
Watoła A.
Z Dziejów Prawa
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2012
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vol. 5(13)
265-275
EN
Many changes in pre-war regulations allowing the communists to use them under new socio-political circumstances were made in the first years of the People’s Republic of Poland. A decree from March 19 1928 was replaced with a decree from November 16 1945 on a sum- mary proceeding (Dz.U. nr 53, poz. 301). The “defectiveness” of the realization of the aims of the criminal politics of a summary judiciary caused a situation in which the ministry of justice considered releasing circulars reminding the courts of the aims underpinning an introduction of the summary procedure as appropriate as early as before the amendment of the decree proceed- ing from 1946. Top-down, the attempts were made to influence judge verdicts who were to be theoretically limited by only the regulations of the act. The amendment of the decree of a sum- mary proceeding from 1949, the chance to appeal to sentences made by a prosecutor was elimi- nated. After a breakthrough in October 1956, the ministry committee investigating the reflexes of legal violation in the Stalin period, evaluated one-instance of the summary procedure as being “far from the ideal of legality”. The regulations of the decree from November 16 1945 on sum- mary proceedings with later changes did not influence the obedience to the principle of court and judge independence in the People’s Republic of Poland. A negative influence brought a practical application of the decree on summary proceedings or, rather, yet another example of avoiding its resolutions by the communist authorities. A common summary judiciary managed not to be involved into the mechanism of infringement. The very procedure, however, was to be fully used in front of the military courts where the court and judge independence were just empty slogans.
2

Politics and the constitution. A reflection on the right to privacy in the context of the judgments of the US Supreme Court

100%
Prostak R.
Civitas. Studia z filozofii polityki (Civitas. Studies on politics philosophy)
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2007
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issue 10
60-77
EN
The political system of a democratic and liberal state lacks a space free of the necessity to confirm the rational character of authoritative decisions. The most important forum for such a validation is the hearings chamber of the constitutional tribunal. In the United States, the court empowered to make the final appraisal of the constitutionality of decisions made by the state authority, including their rational character, is the Federal Supreme Court, a nine-person collegiate body appointed by the president upon the advice and consent of the Senate, where decisions are made by a majority vote. This is the power referred to as judicial review. When appraising the reasonable character of authoritative decisions made by the legislative and the executive branch, the judicial branch is to be unencumbered by political pressure. In fact, being able to make law, it not only validates, vis-a-vis the constitution, the legality of actions on the part of the other two branches, but also participates in a effective way in the setting out of the conditions of their actions. The judicial branch is thus not only a political arbiter but also creates politics. Freed from political pressure, it is able, at the same time, to exert it. Validating the rational character of the actions of other parties, it faces the need to defend the rationality of its own decisions, bearing in mind that it also sets out the standards. Action on the part of the judicial branch is not limited to the settling of specific disputes based on the existing law. It also sets out the way of settling such disputes in the future. The court does make decisions on the cases of private individuals; however, in the final instance, it is as an arbiter deciding on problems of public policy, which makes it a participant in political disputes.
3
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Problem niezawisłości w świetle kadr Sądu Najwyższego i Najwyższego Sądu Wojskowego w początkach Polski Ludowej

100%
Watoła A.
Z Dziejów Prawa
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2011
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vol. 4(12)
235-248
EN
The process of the choice of the right staff by new authorities also covered the judiciary. In the case of the Supreme Court the authorities faced the necessity to employ the prewar judges at the beginning of its existence. During preparations to complete the judicial staff, the method and conditions of nominations to the position of a judge of the Supreme Court changed (one of the conditions of being employed as a judge of the Supreme Court was the acceptance of politi- cal changes in the country). A decree from 14 March 1945 on the change of law concerning the system of the court of general jurisdiction abolished the already existing ban on judges’ affili- ation with political parties. Aiming at dividing the judicial environment of the Supreme Court, a campaign aiming at embarrassing some of the judges was conducted, which ended with retire- ment or self-criticism. Staff problems the communist authorities struggled with gathering the composition of the Supreme Court did not appear at the level of the Supreme Military Court. Any vacancies in personal staffing of the bodies of the military judiciary were completed by means of motivating people having proper qualifications. At the beginning of the existence of the Supreme Military Court a fundamental part of a personal staffing of the court was constituted by Soviet officers. They were the judges fully aware of the role the body played under new political circumstances. The proper staffing of the Supreme Military Court allowed for meeting the party’s expectations towards the military judiciary.
4

SOCIÁLNE ASPEKTY RETRIBÚCIE NA SLOVENSKU NA PRÍKLADE MESTA BANSKÁ BYSTRICA

88%
Mesko M.
Motus in verbo: časopis mladej vedeckej generácie
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2018
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vol. 7
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issue 2
45 – 63
EN
The main objective of the present study is to approach the course of retribution in the town Banská Bystrica in the period 1945 – 1947, focusing on its social aspects. In other words, we were a common man, a general member of the political organizations of the First Slovak Republic, for whom the end of the war was marked by possible imprisonment, trial and social contempt, which could have been amplified by the Communists' coming to power in 1948. By analysing the investigation and judicial files of the local of the People's Court in Banská Bystrica, we tried to create the most objective picture of the course of retribution in the city, summarizing our results and using the analytical and comparative method to evaluate the results of our research.
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