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Integralna legitymizacja konstytucji 

100%
Bożek M.
Constitutional Review
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2022
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issue 4
7-28
EN
The aim of the article is an attempt to formulate main assumptions of the concept of integral legitimacy of the constitution. The first one is an opinion that the integral legitimacy is included in the nature of the constitution and is a necessary element of the core of constitution. The second one is an opinion that there is an unbreakable bond between the form and the content of the constitution, which decides about legitimacy of the constitution. The third one is an opinion that the integral legitimacy of the constitution is two-stage legitimacy. The first degree is a necessary element of each constitution. It provides the overall framework of the constitutional order. The second degree is an extension of the first degree of legitimacy and results from the decision of the society concerning the form and the content of the constitution. The last one is an opinion of multidimensional character of the legitimacy of the constitution. The legitimacy is based on belief in social acceptance for the principles of the idea of constitutionalism, which are reflected in rules and values creating the core of the constitution.
2
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Przełamanie konstytucji w konstytucjonalizmie weimarskim

100%
Bożek M.
Constitutional Review
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2023
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issue 2
7-34
EN
The aim of the article is an analysis of the phenomenon of breaking the constitution. It comes from expierence of the German legal positivism from the second half of the nineteenth century and it is firmly rooted in the constitutional practice of the Second Reich. This practice was the passing of the laws in the mode required for the constitutional change. Their result was the modification of some of the constitutional norms without any change of their text. Such laws didn’t repeal the binding force of concrete norms directly, but they did it indirectly. Such laws didn’t become the part of the constitution in formal meaning, but they became the part of it in a material sense. This practice was accepted by the majority of the German constitutionalists and other representatives of legal science. Supporters of the practice were especially the authors of liberal democratic views. While the authors of the conservative views rejected the provisions of the legal positivism and the practice of breaking the constitutional norms traeted as an extraordinary measure of the repealing of the binding force of them and it cannot violate the fundamental rules and values of the constitution. Nowadays the weimar authors discussion is the important source of inspiration for the participants of the global debate on the limits of the constitutional change and the need for separation and the protection of constitutional identity.
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Koncepcje ustrojowe niemieckich partii liberalnych w latach 1945—1948

100%
Bożek M.
Z Dziejów Prawa
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2012
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vol. 5(13)
233-251
EN
The beginnings of the liberal movement as a political party in post-war Germany were not easy. The first liberal party organizations were created on the level of each occupation zones as separate political structures. The process of consolidation of these organizations took place gradually. Firstly, it covered the integration of organizations concentrated within each of the zone. The second stage of the very process of consolidation of the German liberal movement was to consist in the unification of the most important party centres from particular occupation zones, and creation of a unified political party. However, the development of the international situation led to the split between liberal activists from the Soviet zone and politicians of liberal parties from western occupation zones in 1948. From that time, the consolidation process of a liberal formation concerned only party organizations from western occupation zones. Its closure was the unity of these organizations and creation of a liberal political party on their basis, which happened in December 1948. The very party was officially called FDP — a Liberal-Democratic Party, under the label of which acted liberal politicians in the British zone. An organizational split of the liberal movement caused a situation in which it did not constitute a whole in terms of the programme either. Before they united particular liberal organizations within the FDP, the very movement encompassed various trends and programme tendencies. It also concerned the systemic issues of post-war Germany. The only document liberal politicians managed to prepare was Wytyczne polityczno-ustro- jowe presented during a constitutional debate in Zone Advisory Council in 1947. The very con- ception, however, was not representative for the whole liberal movement. Apart from general slogans on the need to build a democratic, legal and federal nation, liberal politicians did not manage to work out a coherent and unified system conception of post-war Germany between 1945 and 1948.
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Demokratyczne Niemcy w projekcie Konstytucji socjalistycznej Partii Jedności Niemiec z 1946 roku

100%
Bożek M.
Z Dziejów Prawa
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2011
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vol. 4(12)
203-216
EN
The first organized political grouping in a postwar Germany was a Communist Party of Ger- many. Its formation was proclaimed in June 1945 in Berlin. It joined a Socio-Democratic Party of Germany from the Soviet occupational zone and formed a Socialist Unity Party of Germany (SED) in April 1946. As early as in its first manifesto document the leaders of the Communist Party of Germany considered the formation of the national system based on a democratic-anti- fascist basis and progressive social reforms as one of the conditions of the restoration of the German country and nation. Such a system should take on the form of a parliamentary republic in which all democratic laws and freedom of a nation would be respected. The very assumptions later became a basis for the project of constitution for a postwar republic of Germany. It was an- nounced by the SED in November 1946 and entitled the Constitution Project of the Democratic Republic of Germany. Skipping a few elements of a clearly ideological provenience, the SED constitution project was deeply “saturated” with the idea of democracy which was to become a foundation of the order of the system of a postwar Germany. The SED project made the idea of democracy a secular religion which the German society was to accept after years of believing in a dogma of a strong country because of an authoritative power. The role of the country was to be measured by means of the strength of a democratic society. It is proved not only by a consist- ently outlined project of the system of the government meeting as a form of the system protecting the rights of the society most efficiently. A far-reaching subjectivisation of the society and its inclusion in a political life through the mechanisms of a direct democracy is in favour of such a hypothesis. The system conception presented in the above project was popular among those po- litical and social forces which were subject to an almost frontal criticism by the SED. Meanwhile its constitutional project was treated as an important reference point in a discussion on a shape and nature of the system of the restoration of the German nation despite being usually inappro- priate for such a nation. Not to mention a formal name, the SED project did not have anything in common with a later constitution of a Democratic Republic of Germany from October 1949. Both documents based on totally different assumptions and expressed different system models.
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Zasada demokracji w Konstytucji weimarskiej

100%
Bożek M.
Z Dziejów Prawa
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2017
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vol. 10
61-82
EN
Up to the end of the World War I, the foundation of german constitutionalism was the monarchical principle. For many 19th-century state and law theoreticians in germany this principle was indeed synonymous to constitutionalism. Constitutionalism itself, in turn, was commonly identified with the contemporary monarchical system of german countries. On the other hand, the foundation of the constitution enacted in August 1919 in Weimar was the prin- ciple of democracy, which was set out in the Art. 1 of the constitution as the principle of the sovereignty of the nation. The principle of democracy took a specific form in the Weimarian con- stitution, combining direct democracy with representative democracy. The elements of the direct democracy were people’s initiative and referendum. The representative democracy, on the other hand, was realized by means of citizen rights with regard to the election of deputies to the Reich- stag and the president of the german Reich. Due to the lack of appropriate democratic traditions and a complex social and political situation of the Weimar Republic, the democracy did not gain a foothold in germany. Neither the mechanisms of direct democracy nor the ones of representa- tive democracy passed muster with the voters. The referendum was held twice, however due to the low electoral turnout it was not valid. Also, the presidential election was conducted twice, and it was won by the opponent of parliamentary democracy, the marshal Paul von Hindenburg. In contrast, the results of parliamentary elections usually resulted in the political split of Reichstag. yet, up to the beginning of 1930s new governments managed to be set up, which were supported by the parliamentary majority. In the final years of the Weimar Republic, however, such a pos- sibility did not exist. A habit was formed of convening the so-called presidential cabinets. These were the governments convened by the President which took advantage of his support, and their activity was enabled by the President’s emergency powers specified by the Art.48, par. 2 of the constitution. It turned out that the actual demise of Weimarian democracy was the takeover of the government by Adolf Hitler in January 1933 as a consequence of the electoral success of his Nazi Party.
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Ryszard Mariusz Małajny (1953–2018)

88%
Bożek M.
Czasopismo Prawno-Historyczne
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2018
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vol. 70
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issue 2
441-443
7
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Ryszard Mariusz Małajny (1953–2018)

50%
Bożek M.
Czasopismo Prawno-Historyczne
|
2018
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vol. 70
|
issue 2
441-443
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