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Second Cracovian Constitutional Symposium „Constitution and the rule of law. Teory and practice” (Cracow, September 28th, 2019)

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Jabłońska P.
Constitutional Review
|
2020
|
issue 4
2
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Limits of the Pro-Constitutional Interpretation. Commentary on the Judgment of the Supreme Court of 5th December 2012, Case No. III KK 137/12

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Jabłońska P.
Constitutional Review
|
2020
|
issue 1
PL
The article presents a partially critical commentary on the judgment of the Supreme Court concerning an interpretation of Article 226 § 1 of the Polish Criminal Code (k.k.). Supreme Court overruled the challenged judgment and referred the case for re-examination, deciding that the public nature of the perpetrator’s act is not a constituent element of the crime of insulting a public officer. As the justification for this decision, the Supreme Court referred to the limits of the pro-constitutional interpretation. In this commentary, three issues are discussed. Firstly, a question concerning the limits of the pro-constitutional interpretation in the judicial process of application of the law. In the opinion of the author, such limits are set by the Constitution. Secondly, the importance of the pro-constitutional interpretation in the process of direct applicationof the Constitution. The author argues that this type of interpretation cannot be perceived only as of the interpretive co-application of the Constitution and a statute. Courts should refer to the pro-constitutional interpretation before making a choice of the proper form of direct application of the Constitution.Thirdly, a subject of the pro-constitutional interpretation of Article 226 § 1 k.k. According to the author, the pro-constitutional interpretation of Article 226 § 1 k.k. includes a necessity of adopting the literal interpretation according to which the public nature of the perpetrator’s act is not an element of the crimedescribed in Article 226 § k.k.
3
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Formalny akt wystąpienia z Kościoła katolickiego

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Jabłońska P.
Prawo Kanoniczne
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2020
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vol. 63
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issue 3
23-40
EN
The article presents problem of a formal act of defection from the Catholic Church. Article describe regulations based on the Catholic Church documents such as: Code of Canon Law (1983), Pontifical Council for Legislative Texts (2006), motu proprio of Benedict XVI Omnium in mentem (2009) and the documents of Polish Bishops Conference. At the end of the article it describes the effects of the formal act of defection from the Catholic Church.
PL
Artykuł przedstawia problem aktu formalnego odejścia od Kościoła katolickiego. Artykuł opisuje regulacje oparte na dokumentach Kościoła katolickiego, takich jak: Kodeks Prawa Kanonicznego (1983), Papieska Rada ds. Tekstów Legislacyjnych (2006), motu proprio Benedykta XVI Omnium in mentem (2009) oraz dokumenty Konferencji Episkopatu Polski. Na końcu artykułu opisano skutki aktu formalnego odejścia od Kościoła katolickiego.
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Rodzina i jej rola w kształcowaniu życia religijnego według Pierwszego Synodu Diecezji Katowickiej

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Jabłońska P.
Studia Pastoralne
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2020
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vol. 16
92-106
EN
The XX century is marked by great changes and transformations in every sphere of a human life. The supreme event which made a lot of changes in the Catholic Church is The Second Vatican Council. It performed a great renewal of a religiuos life. The Vatican II renewal influenced local churches in a great measure. In according, in Poland, we can see post-council revive synodal activity. The Church in Poland knows perfectly that the properly understood renewal of a religious life should begin in a family. That’s why the polish diocesan synods take family as a subject of their reflexion and renewal, especially I Synod of Katowice (1972-1975). The Article showes an achievement of the Synod in “a family and its role in a formation of a religious life”. The whole Article has been divided into two parts. The first reveals a family community as a source of religious life. The second one shows how the development of a religious life in a family is determined by the changes and renewal of a society. The Catholic Church should remember that small communities, especially families, are the basis of a parish renewal. A family is not only a basic organizational unit of the Church but also a reality in which the Church is formed.
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