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THE PRINCIPLE OF SEPARATION OF POWERS IN THE CONSTITUTION OF THE REPUBLIC OF POLAND

100%
Piotrowski R.
Przegląd Sejmowy
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2007
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issue 4(81)
113-126
EN
The principle of separation of powers is among those rules governing proper functioning of the State which accompany the reflection about the exercise of State authority since it has become the subject of discussion concerning the attributes of a government the people deserve. This question attracts interest of constitutionalism since its birth. At the same time, the separation of powers principle has become the subject of many critical assessments and comments focused on the practice of functioning of constitutional systems based on that principle. However, their functioning is not free of mistakes and failures; and the principle itself helps the governments justify their lack of effectiveness and discourages the ordinary citizens from participation in public life. It is also perceived as an anachronism , as compared to the opportunities of new technologies and challenges of development. It might be said, however, that this principle, typical of democratic state governed by the rule of law, constitutes - especially in the context of threats to modern democracy - a determinant of identity of constitutionalism, on account of its importance for the affirmation and guarantees of human rights and its role in shaping the structure and rules of functioning of a democratic State. The separation of powers principle is articulated in Article 10 of the Constitution and in the State structures established by the Constitution and mechanisms provided for their functioning as well as constitutional values determining the limits of authority. Specifying the definition of constitutional democracy, the Constitutional Tribunal stressed that such system of government is characterized by the lack of the supreme organ of the State authority, while the principle of supremacy of constitution provides a foundation of the State. In the opinion of the Constitutional Tribunal, the separation of powers principle means that the legislative, executive and judicial branches of power are separated, and that there must be balance and cooperation between them. However, this principle has no merely organizational nature, since it is aimed at protection of human rights by preventing any branch of power from the abuse of its authority. The jurisprudence of the Tribunal gives us awareness that constitutional democracy consist in the limitation of power of the majority by the right of the individual. Of great significance, from the point of view of separation of powers in a democratic State, is the issue of relations between the legislative and executive powers. The parliamentary system established by the authors of the constitution in relation to these relations, is called by the doctrine 'rationalized parliamentarism'. The advantage of the legislative power is closely connected with the role given to statute by the authors of the constitution to guarantee the rights and freedoms of the individual. It seems that they even rely on statute and judicial power, rather than on the potential role of the separation of powers principle for protection of the individual against possible threats, particularly from the executive power.
2
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FIDDLE, DANCE AND DEVILS. ON THE DIABOLIC CHARACTER OF MUSIC

100%
Piotrowski R.
Etnografia Polska
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2004
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vol. 48
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issue 1-2
149-159
EN
The article is an outline of the study on negative valorization of magical musical instruments appearing in some folk tales. The starting point for the author's discussion became the tales with the motif of a magical fiddle. In the work by Julian Krzyzanowski (classification of motifs) these tales were classified as the type T 592. The tales tell about situations in which magical objects play an important role. Musical instruments are among these objects, the musical instruments which provoke expressive, dynamic behaviour of the listeners. Analogies can be found between the scenes in the narratives and those depicted on medieval illustrations showing diabolic interference into human life. They can also be compared with the texts describing witches' covens. In both representations motifs of music and instruments appear, as well as dance- acts disapproved by Church. Due to such context musical instruments acquire negative attributes and then become magical objects. This is reflected in magical tales with the motif of magical fiddle. The above mentioned relationship shouldn't be considered as the only origin of attributing magical significance to music and instruments. References to magical power of sound and instruments can be found in the texts coming from other parts of the world, which may prove the common origin of the cultural concepts of music and musical instruments. The author suggests another interpretation of the discussed tales as well. Interpretation of the contexts and the relationship between the musicians and the listeners. The spell results from the ambivalent attitude of the listeners to the forms of sonic and verbal expression accompanying the music itself, as well as appearing of the musical instruments in the context of the characters with negative valorization. Their magic is concealed in the expressiveness of the listeners, in their dynamic responses which are the explosion of their feelings. It is rather the instrument that has been, as it were, enchanted by the listeners. The relationship of the instrument, its owner and the listeners is that of metonymy.
3

Two Civilisational Doctrines. Koneczny and Majewski

100%
Piotrowski R.
Archiwum Historii Filozofii i Mysli Spolecznej (Archives of the History of Philosophy and of Social Thought)
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2007
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vol. 52
217-230
EN
Two civilizational doctrines developed by Polish scholars are discussed and analytically compared: the one by Feliks Koneczny (1862-1949) and the other by Erazm Majewski (1858-1922). Some logical aspects of both are worked out. The doctrines in question have some points in common. The main are: a strong conviction that a solution of the problem of civilisation is crucial to understanding of history and society, and the basic definition of civilisation formulated as 'form of social life' (Majewski) 'the method of social life' (Koneczny). Moreover, Majewski directly influenced Koneczny by his four- volume 'Science of civilisation' (published 1908-1923, French translation of vol. I appeared in 1908). The best known book of Koneczny is 'On the Plurality of Civilisations' (1935, English translation 1962). Koneczny's doctrine is purely structural, emphasising the fundamental split between nature and spirit. It contains a sophisticated system of cultural taxonomy called 'comparative science of civilisations'. Civilisations are effectively defined as systems of highest values and norms. At the same time they can be viewed as abstract equivalence classes between cultures. Majewski attempted at an evolutionary schema, and viewed civilisation as the highest stage of the universal progress. Civilisations are viewed as relatively closed systems of social interactions, being primarily connected by common language. Both doctrines lead to fundamental questions concerning relations between biology, sociology and history, and still seem interesting.
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