Results found: 2

Search results

Search:
in the keywords: HISTORY OF LAW (POLAND)

Sort By:

Limit search:

POWERS OF THE HEAD OF STATE TO MAKE APPOINTMENTS TO STATE OFFICES (JUDGES IN PARTICULAR) IN THE SECOND REPUBLIC OF POLAND

100%

Witkowski Z., Naworski Z.

Przegląd Sejmowy

2008

issue 4(87)

During the entire inter-war period (1918-1939) in Poland the influence of the President of the Republic on the composition of ordinary courts was minimal. Under the rule of the March (1921) Constitution wide appointing powers of the President of the Republic, including appointments to other positions and subject to subjective and objective limitations (by the government and by laws) resulted in the transfer of effective authority in this field to the Prime Minister and Minister of Justice while the role of the President was limited to that of putting signature almost automatically. These conclusions (with the exception of the position of the First President of the Supreme Court) are also true of consecutive years, i.e. the period in which the April (1935) Constitution was in force, because under its rule the Act of 1928 on the System of Ordinary Courts continued in force. This formal legal position of the President of the Republic was confirmed by political practice. During the entire period, despite changes of the position of the head of state in the system of government, persons holding this office transferred the power to shape personal composition of the administration of justice to the appropriate minister. Even the Temporary Head of the State and the President of the Republic, who exercised the wide scope of authority and exerted real influence, as specified by the April Constitution, in fact showed limited interest in administration of justice, leaving this sphere within the scope of authority of the government and, practically, the Minister of Justice. The limited role of the head of state in relation to appointment powers was also a consequence of, firstly, the complicated legal situation and, secondly, high turnover in the judicial branch which, in practice, prevented reasonable policies aimed, in perspective, at stabilization and arrangement of situation in administration of justice in Poland.

REGAINING OF INDEPENDENCE BY POLAND IN THE LIGHT OF INTERNATIONAL LAW

100%

Kolasa J.

Przegląd Sejmowy

2008

issue 5(88)

9-39

Making use of the circumstances created after the World War I by the victory of the Entente Alliance, the Polish nation reconstructed its statehood after more than one hundred years of bondage. The restoration of independence has not been based on any constitutive act of international or even national law nature. Both the Entente Powers, which supported the Polish nation's aspirations, and the Central Powers which were hostile to them, did not play any direct role in establishing the Polish state in 1918. The reconstruction of statehood was achieved by the will and act of the Polish nation itself. However, there is no unanimous view on whether at that time the pre-partition Republic was restituted or a completely new state was created lacking any substantive connection with its predecessor. There is no doubt, however, that both theory and practice of international law provide convincing examples and strong legal arguments for saying that after the revival of 1918, the Polish State acted as a continuance of its pre-partition predecessor. The then established state authority showed full legal conviction and resoluteness in assuming the substantive rights of historic Poland. Such was the will of the nation, implemented by the supreme authorities of the State, i.e. the government, the Sejm and the judiciary.

Refine search results

2 Przegląd Sejmowy

2 2008

1 Kolasa J.

1 Naworski Z.

1 Witkowski Z.

Search results

POWERS OF THE HEAD OF STATE TO MAKE APPOINTMENTS TO STATE OFFICES (JUDGES IN PARTICULAR) IN THE SECOND REPUBLIC OF POLAND

REGAINING OF INDEPENDENCE BY POLAND IN THE LIGHT OF INTERNATIONAL LAW