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Sądownictwo konstytucyjne w państwie polskim w XX wieku

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Jastrzębski R.
Zeszyty Prawnicze BAS
|
2021
|
issue 2(70)
50-81
EN
The article concerns the constitutional judiciary in the Polish state in relation to the formation of the rule of law in Europe. The author describes the history of systemic postulates regarding examining the compliance of laws with the constitution, shows the provisions of successive constitutions of the interwar period and after 1945, and indicates that the economic, social and political crisis in the late 1980s and early 90s forced changes in the system. The result was the amendment of the 1952 Constitution in 1982, the Constitutional Tribunal having been established as late as 1985. Nowadays the activities of the Constitutional Tribunal are regulated by the Constitution of 1997 and its rulings are final.
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Państwo prawa w klasycznej tradycji zachodniej i późnej nowoczesności w kontekście sporów wokół klauzuli demokratycznego państwa prawnego

100%
Krzynówek-Arndt A.
Przegląd Sejmowy
|
2018
|
issue 3(146)
79–102
EN
The purpose of the article is to indicate the possible directions for clarifying the modern model of a state both democratic and ruled by law. To seriously take those two qualities, they must be regarded as mutually related. This is possible, when the democratic-political and legal-constitutional dimensions of the state can be related to an external dimension determining both the boundaries of the content of law and the decisions made by the Nation-sovereign (also in the Constitution) or specified by the will of the current majority of its representatives. Such perspective can be obtained primarily via considering the natural law in the disputes on a democratic state ruled by law. Taking into account transformations of the state and the law typical for the period of late modernity, as well as various traditions of neo-Positivist approach to law, four models of a democratic state ruled by law as a modern political form may be distinguished: constitutional democratic state ruled by law (in liberal-political and discursive versions), agonistic democratic state ruled by law, neorepublican democratic state ruled by law, personalistic democratic state ruled by law.
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