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1

Państwo prawa, filozofia publiczna i odpowiedzialność moralna naukowców

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Morawski L.

Archiwum Filozofii Prawa i Filozofii Społecznej

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2014

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vol. 2(9)

85-94

PL

The paper discusses some relationships between the rule of law and the public philosophy. It is unquestionable that nowadays the scientism has become one of the dominant ideologies of industrial and post-industrial societies. Scientists and researchers take an active part in public life, are advisors to governments and corporations, comment in the media important public events. Thus, the problem arises of their moral and legal responsibility for what they say and do in public life. In my opinion, we may distinguish two different models of responsibility, which I call a model of scientist as an ordinary citizen and model of scientist always on duty. To put it another way, we may ask, whether the scientist in public life like an ordinary citizen can act in accordance with his political, economic or religious sympathies and preferences or just like a judge, priest or a physician is always „on duty” and always must follow all the rules of his profession. I defend the view that the adoption of the second model is one of the necessary preconditions of the existence of informed and rational public opinion and thus, the informed and rational rule of law.

2

Suwerenność i prawo międzynarodowe – od prawa państw do prawa ludów

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Morawski L.

Forum Prawnicze

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2011

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issue 1 (3)

13-36

EN

In my dissertation I defend the thesis that international law is currently witnessing a fundamental breakthrough which I call the “Kantian breakthrough”, and which can simply be characterized as a transition of international law from the law of states to the law of peoples. In other words, it is possible to understand international law as an instrument for coordinating relations between states, or as an instrument for the protection of the collective goods of the entire international community. These processes are accompanied by a radical change of the concept of sovereignty from one that claims that the relations between the state and its citizens are in principle reserved for the exclusive competence of the state, to one that sees state sovereignty in its necessery connection with popular sovereignty and the right to self-determination and human rights. I refer to the ideas wich are connected with Kant’s conception included in his philosophical essay: “Zum ewigen Frieden”.

3

Dwie wizje Unii Europejskiej a problem tożsamości narodowej

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Morawski L.

Forum Prawnicze

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2011

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issue 4-5 (6-7)

3-18

EN

The article addresses the crucial question of European and national identity in context of two models of the European integration which are respectively called the liberal and the republican project. In my opinion the liberal project which dominates in contemporary policy of the European integration is unable to overcome all problems relating to the questions of European and national identity and especially to the idea of “unity in diversity”. In this text I try to sketch out some reforms and improvements of the EU institutional framework which are necessary in order to preserve and protect diversity and multiplicity of national and regional cultures on the basis of the republican project.

4

THE TRIPARTITE DIVISION OF POWERS PRINCIPLE. THE CONSTITUTIONAL TRIBUNAL AND JUDICIAL ACTIVISM (Zasada trójpodzialu wladzy. Trybunal Konstytucyjny i aktywizm sedziowski)

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Morawski L.

Przegląd Sejmowy

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2009

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issue 4(93)

59-74

EN

The article provides an analysis of activism of constitutional courts in the context of the principle of division of powers. The author shows that activism is an unavoidable phenomenon in judicial practice and that, due to the principle of judicial independence, it is difficult to scrutinize effectively this activism. In the author's opinion, there exist, however, instruments for more effective control of an excessive activism of constitutional courts. These instruments include, inter alia, application of strict rules of taking decisions by constitutional courts (qualified majority) and rigorous interpretation of the presumption of constitutionality of statutes, as well as adoption of such reasons-giving procedures for the decisions which will better fit the imperatives of constitutional policy. Nevertheless, the severe judgment of public opinion is the best guarantee for the decisions of constitutional courts.

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2 Forum Prawnicze

1 Archiwum Filozofii Prawa i Filozofii Społecznej

1 Przegląd Sejmowy

4 Morawski L.

1 2014

2 2011

1 2009

Państwo prawa, filozofia publiczna i odpowiedzialność moralna naukowców

Suwerenność i prawo międzynarodowe – od prawa państw do prawa ludów

Dwie wizje Unii Europejskiej a problem tożsamości narodowej

THE TRIPARTITE DIVISION OF POWERS PRINCIPLE. THE CONSTITUTIONAL TRIBUNAL AND JUDICIAL ACTIVISM (Zasada trójpodzialu wladzy. Trybunal Konstytucyjny i aktywizm sedziowski)