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Glosa do wyroku Naczelnego Sądu Administracyjnego z 16 sierpnia 2018 r. (sygn. akt II OSK 2362118)

100%
Cebula A.
Przegląd Sejmowy
|
2019
|
issue 1(150)
287–298
XX
The commentary contains the analysis of the judgment of the Supreme Administrative Court of 16 August 2018, ref. no. OSK 2362/18, dismissing the cassation complaint submitted by a group of inhabitants of Sulejówek to the judgment by the Voivoideship Court of Appeal in Warsaw, related to maintaining the constitutional principle of equality of elections in dividing the Sulejówek commune into single-member constituencies for the elections to the commune council. In its material aspect, the Court’s judgment considering this division consistent with the principle of equality of elections is contradictory to the universally applied interpretation of the electoral equality norm. The commentary also exemplifies the defectiveness of the Court’s reasoning, as Article 419 § 2 item 2 of the Electoral Code – which is the Court’s opinion is one of the systemic safeguards of the principle of the equality of elections – may have been disregarded in the modification of the boundaries of electoral constituencies.
2
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Jednomandatowe okręgi wyborcze w wyborach do Senatu RP (2011–2019) – problem wagi głosu

75%
Stec A., Szwałek G.
Przegląd Sejmowy
|
2021
|
issue 2(163)
153–179
EN
The issue of electoral law in elections to the Senate of the Republic of Poland arouses great interest among lawyers, political scientists and representatives of exact sciences (especially mathematicians). Both the fundamental principles of electoral law and the principles guiding the basic elements of the electoral system were included in the provisions of the Constitution of the Republic of Poland. These provisions are not numerous, although crucial for the construction of the electoral system. The wrong tendency and practice of making changes to the electoral law just before the election prompted the legislator to introduce single-mandate constituencies. The adoption of the Electoral Code was also aimed at avoiding the manipulation of changes in constituencies under the influence of poll results, and highlighted the problem of implementing the constitutional provisions in this matter. Unfortunately, the literature on the subject often underestimates the weight of the vote and the estimation of voting power, which translates into the construction of a fair electoral system. The authors tried to present in the article changes in the electoral system against the background of domestic and foreign experience, using methods characteristic of the humanities and sciences.
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