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EN
The article sums up the development of a particular subdiscipline in parliamentary research, i.e. the cohesion analysis. By outlining approaches to parliamentary cohesion, it identifies the two major ones: the institutional one, focusing on intra– and extra parliamentary institutions influencing cohesion and the socio‑motivational one, focusing on individual MP’s motivations, shaped by more general or more individual factors (social norms, loyalty, individual preferences). The author assesses possible future developments of the field, noting that the insufficient theoretical framework hinders further progress in comparative studies. With regard to the very few Polish studies of the subject, the author proposes a clear Polish terminology relating to major concepts used to describe the voting behavior of a parliamentary group.
EN
The conference “Europe of the Carpathians” took place in Przemyśl on 17 February 2018. It was the twentieth jubilee conference of the initiative begun in 2011 by the then Deputy to the Sejm of the Republic of Poland Marek Kuchciński. The aim of “Europe of the Carpathians” is to hold a discussion by a large group of politicians, local government representatives and scientists on the cooperation of Central and Eastern European states. During the conference, the guests discussed parliamentary traditions in Central and Eastern Europe, the role of the region in the European Union, Carpathian initiatives, local government and Carpathian universities cooperation. The conference was attended by representatives of Poland, the Czech Republic, Hungary, Slovakia, Ukraine, Romania, and Bulgaria.
EN
The jurisdiction and tasks of the marshals (speakers) of the Old-Polish Sejm Chamber of Deputies were shaped in practice and thus were not regulated by law for many decades. The literature on the subject has always stressed that the ‘director’ of the Chamber of Deputies had to reckon with the will of his colleagues, that he did not have too many prerogatives, and the role he played during parliamentary debates resulted primarily from his personal qualities and social position. This article, however, deals with customary powers and prerogatives of the Sejm marshal, and those which in the eighteenth century began to be described in parliamentary constitutions. It is also an attempt to synthetically summarise the research conducted thus far into the ways of electing the marshal of the Sejm and the role he played in the Sejm from the sixteenth to the eighteenth century. It involved not only presiding over the sessions of the Chamber of Deputies and did not end with the closing of the Sejm session, but also included important activities after the session had finished, related to the drafting of the constitutions, and managing the election of the next marshal, which was no less important at the beginning of the next Sejm.
EN
The purpose of this article is to describe the relationship between parliamentarism and the social teaching of the Catholic Church, with a special emphasis on pastoral, social and political activities of cardinal Adam Stefan Sapieha. The system of parliamentary government is a system of government in which the legislative authority in the form of parliament passes laws and controls the executive authority, which is wielded by the president together with the government. An important aspect of this system of government is the interpenetration of these two authorities and their mutual complementing, which is evident even in the possibility of bringing forward bills by the executive. The view of the parliamentary system held by cardinal Adam Stefan Sapieha was based on the social attitude which was represented by the Christian Democrats. The political system accepted by the Christian Democrats was democracy, which very clearly demonstrates all positive forms of local government’s actions and the principle of subsidiarity. The basis of this assumption is that it is on the lowest levels of society where the common good based on social solidarity can be realized. The Archbishop of Krakow perceived the political, social and economic issues through the prism of the Catholic Church. He believed that the task of the state is to protect society against the moral decay of anti-Christian totalitarian systems. According to Sapieha, the state should act as a servant in relation to the nation. The Metropolitan claimed also that the vision of the relationship between social ranks, contrary to the socialist vision, was not burdened with a conflict. Sapieha saw the danger of drastic social inequality, but definitely spoke out against socialist and communist solutions. The cardinal emphasized the accent which should be laid on the development of all forms of civic government. So the ideal state is a decentralized state, in which citizens, due to rights and activities taken up by themselves, have an influence over the governments. According to Sapieha, a democratic state of law should respect political pluralism based on the principle of subsidiarity and justice, as well as sovereignty, and above all – the principle of parliamentary majority.
EN
The article concerns the parliamentary activity of one of the greatest deputies of the Parliament of the Polish Kingdom of the constitutional era – Jan Olrych Szaniecki, who was wellknown, among others, as a spokesman for the interests of peasants (a supporter of universal abolition of serfdom and conferment of land ownership on peasants) during the sessions of Parliament of 1825 and 1830 and in the period of the November Uprising, and prior to that – as an outstanding lawyer. His activity is very little exposed in the contemporary historical-legal doctrine, yet worth paying attention to.
EN
The article analyses modern populism as a challenge to liberal democracy in terms of the activities of right-wing and left-wing political parties. An important factor in the growth of populism is the lack of effectiveness of constitutionalism and other formal limited institutions, procedures to ensure the principles of people’s sovereignty, democracy, justice, guarantee the interests of the majority in the modern world. It is noted that populism emerged in the late 19th century as a social movement, ideology, and political activity, and since then has firmly taken its place in the political consciousness of the masses, gaining new features and intensifying at times when countries are experiencing turning points in their history. The main factors in the growth of populism include the insufficient effectiveness of the institutions of indirect democracy in modern consolidated democracies. Another reason for the rise of populism is related to the tendency of ideological deradicalization, which manifested itself in the activities of different parties. Today, populism does not have a developed fundamental theoretical background and conceptual texts like nationalism and conservatism. However, it has a holistic structure as a political phenomenon and a set of ideological positions. The goal of modern populism is the introduction of “illiberal democracy” – a government that ensures smooth transformation of people’s preferences into public policy (unlike liberal democracies, which are almost always hindered by certain obstacles to responding effectively to pressing problems). From this point of view, populism is not a threat to democracy as such, but the leading liberal version of democracy. The possibilities of constitutionalism are treated with scepticism in the populist ideology, as formal, limited institutions and procedures prevent the majority from executing their will. Liberal democracy is not strong enough and constantly needs strengthening elements in response to new challenges and threats. But liberal democracy, more than any other political form, contains the potential for development, a synergistic resource, and the power of self-correction. A strong parliament and a developed civil society remain effective counterweight to populism.
EN
The translated text in the Slovenian act on the National Council of 10 September 1992. The second chamber of the parliament was established in accordance with the Slovenian Constitution of 23 December 1991. Such concept of the second chamber resulted from the tradition of corporative representation, the existence of the three-chamber Skupstina in the People’s Republic of Slovenia, as well as the model of a second chamber of this kind, functioning in Bavaria at the time and still functioning in Ireland. The Slovenian second chamber is therefore one of the few upper chambers elected on the basis of functional representation. It is the representation of social, economic, professional and local interests. With the National Assembly, the chamber participates in exercising the legislative power; it may also, i.a., submit a motion for the appointment of an investigative committee or holding a referendum – a motion binding for the National Assembly. It is also vested with limited oversight competences of the executive. The act contains mostly regulations on the manner of electing the National Council, its internal organization and the status of its members. The act also regulates matters related to the works of the National Council.
EN
The article deals with the issue of the Constitution of the Republic of Poland and the way in which it was analysed in „Przegląd Sejmowy”. It contains a presentation of texts that were published in „Przegląd Sejmowy” during the first five years from the entry into force of the Constitution of 1997. The purpose of the presentation is to show how the constitutional issues were analysed, on which problems the authors focused their efforts, how they presented their findings, and to show preliminary assessments of the functioning of the existing constitution. Those texts relate to systems of government in its broad meaning, as well as human rights and European law in so far as it affects Polish legal system. The author attempts to sum up the discussion on the operation of the current constitution in the period of the first five years of its existence.
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Wielki słownik parlamentarny, red. Jarosław Szymanek

88%
EN
The reviewed book, constructed as an alphabetical collection of entries with their descriptions, is one of the few Polish works concerning the broadly regarded parliamentarism. It is a comprehensive and complete study of parliamentarism. Descriptions of entries contain common elements: etymological comments, general historical comments, legal-comparative comments, legal-historical comments (concerning Polish parliamentarism) and comments related to the current legal state in a particular area. Such construction of entries and a competent team of authors ensure deepened descriptions and an extraordinary substantive value. Because of its completeness, the substantive quality of comments and an original research approach, “The Great Dictionary of Parliamentarism” is an exceptional position in the Polish literature of the subject, worth recommending to every reader interested in parliamentarism.
EN
The political significance of the Trifolium is questioned by some historians. The Trifolium — a three-leaf clover — was an informal political agreement between chancellor Jakub Zadzik, Bishop of Chełmno, hetman Stanisław Koniecpolski and Stanisław Lubomirski, voivode of Ruthenia. In the years 1631–1632, the Trifolium successfully supported the issue of emoluments for the members of the king’s family in the Polish-Lithuanian Commonwealth, but failed to reform the elections, opposed by representatives of the Grand Duchy of Lithuania. During the interregnum of 1632, the Trifolium did not allow to restrain the authority of the king and the Senate for the benefit of the chamber of deputies. The Trifolium also supported the election of Prince Władysław Vasa for the Polish king in exchange for concessions regarding the elect’s titles of the tsar and Swedish king. This allowed the conclusion of peace with Russia in 1634 and a truce with Sweden in 1635. The king, dissatisfied with the Trifolium “guardianship”, enforced Zadzik’s resignation from the Chancellery in 1635 and the Trifolium began to lose its political significance.
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Regulamin Rady Państwa Republiki Słowenii

88%
EN
The National Council was provided for in the Constitution of the Republic of Slovenia of 23 of December 1991. The second chamber of the Slovenian Parliament, together with the State Assembly, forms part of the legislature. However, it differs significantly from it, particularly with regard to the way in which its composition is determined. The National Council is in the body representing social, economic, professional and local interests. Therefore, elections to this body are neither universal nor direct. Nevertheless, this body is not a typical representative authority because its members are elected on the basis of functional representation. The Council of State has both “soft” powers related to the expression of opinions, as well as “hard” powers allowing it to effectively influence the work of National Assembly and the law-making process in the Republic of Slovenia. The latter powers include, for example, the right of legislative initiative and the right of suspensive veto. The presented Rules of Procedure contain provisions on the exercise of the powers granted to the National Council.
EN
In the paper, the author analyzes the adoption procedure, characteristics and significance of the Constitution of the Kingdom of Serbia from 1888. After the Kingdom of Serbia acquired the status of an independent and sovereign state by the decision of the Congress of Berlin, all restrictions regarding its constitutional arrangement disappeared. Emphasizing that the constitution of 1869 was passed illegally during his childhood, and that it gave the people too much freedom, King Milan Obrenović initiated the adoption of a new constitution. Created as a result of a political agreement between King Milan and the Radical Party, the constitution was supposed to secure the interests of both parties, i.e. the survival of the ruling dynasty on the throne and the introduction of a parliamentary system. The constitution was intended to establish a balance between the rights of the people, the ruler and the assembly. By arranging the political system of the state on the principles of parliamentarism and democracy, which sought to satisfy the interests of different layers of the Serbian citizenry, and by providing favorable conditions for further democratization of political life, the constitution of 1888 represented one of the most advanced constitutions in Europe at that time. However, practice has shown that parliamentary democracy requires a more developed social environment than the one that existed in the Kingdom of Serbia at the end of the 19th century.
EN
Regaining independence after 123 years of partitions led to various difficult problems faced by the Polish state. The main issue of the first months of freedom was the appointment of crucial organs of state authorities that would be legitimised by the nation to rule lawfully. On 28 November 1918, Józef Piłsudski, the interim Head of State, issued a second decree on the Legislative Sejm elections and set its date to 26 January 1919. The First Sejm of the 2nd Republic of Poland handled a wide array of internal problems and relations with other countries, which was an obvious scope of duties for the time of its operation. When it came to the relations with neighbours, its members devoted the majority of their attention to Polish-Russian (Soviet) arrangements. The issue of German-Russian relations was also discussed. It was caused by the interest of political parties in the state’s foreign policy and their fears for Poland’s security. The parties aimed at presenting their stands on the contemporary problems in Polish-Russian relations in the context of German-Russian cooperation, but also wanted to affect said relations with their activities and interpellations.
EN
The author determined phases of formation, powers, role and place of presidency in the government system of Ukraine at different stages of its political development, outlined historiography of presidency’s researches in Ukraine, incrementally structured the evolution of political and legal views about the nature and purpose of the presidency in Ukraine, outlined the factual authority, role and place of presidency in the government system of Ukraine (on Ukrainian ethnic territories) in the first decade of the twentieth century. He also described the influence of the USSR presidency on the characteristics of formation and role of the presidency in post‑Soviet Ukraine as well as revealed the dynamics of presidency in the independent Ukraine, 1991‑2014. The author also found out the problem of institutional inheritance of presidency (including his powers, role and place in system of government) in the context of impact of some historical milestones of Ukrainian statehood in the following historical milestones. As result, the researcher argued that the institution of presidency in Ukraine (including the government system at all) needs to be reformed because of the past institutional, legal and political legacy of the presidency in Ukraine, and given to the experience of presidency in Central and Eastern Europe countries.
EN
The article concerns the constitutional position and political role of the President of the Republic of Poland. Though the Author concentrates on the current constitution of Poland, that entered info force in 1997, he also reviews all the constitutions (and important amendments to these constitutions) that were adopted over the last century, so after Poland had restored its sovereignty in 1918. The analysis is concentrated not only on the constitutional position and political role of the Polish president, but also on the way he was (and is) elected. The Author tries to prove a thesis that the actual political position of the head in the state in Poland depended and still depends not only on constitutional provisions, but also on specific political circumstances, and even the character and personality of the people holding this office.
EN
The Article is an attempt to evaluate the experiences of Polish parliamentarism in the twentieth century. The author analyzes Polish constitutional regulations and parliamentary practice, with a particular focus on the solutions adopted in the years 1919–1935, as well the impact of these regulations on the evolution of Polish parliamentarism after the Second World War, also taking into account the current political experiences. The analysis leads the author to the conclusion, that the contemporary defects of the system of parliamentary government are to a large extent the result of the historical experiences of Polish parliamentarism.
PL
Artykuł stanowi próbę oceny doświadczeń polskiego parlamentaryzmu w dwudziestym wieku. Autor analizuje polskie regulacje konstytucyjne oraz praktykę parlamentarną, szczególnie koncentrując się na rozwiązaniach przyjętych w latach 1919–1935, a także wpływ tych regulacji na ewolucję polskiego parlamentaryzmu po II wojnie światowej, uwzględniając również aktualne doświadczenia ustrojowe. Analiza prowadzi autora do konkluzji, iż współczesne mankamenty systemu rządów parlamentarnych w znacznej mierze bazują na historycznych doświadczeniach polskiego parlamentaryzmu.
EN
This study depicts the evolution of doctrine and political practice in the Second Republic of Poland in the field of the parliament’s constitutional work. The influence of the native politico-legal tradition, first of all the Constitution of 3 May, on the solutions adopted in the March Constitution has also been discussed, particularly in terms of obligatory revision of the fundamental law. Additionally, the paper mentions the process of departure from the concepts arising from the experiences of the partitioning states in favour of the republican ideas, which although not exactly identical, were nonetheless closer to the Polish political tradition, the reflection of which was the formula of extraordinary revision based on the French constitutionalism. The text also refers to the proceedings of the enactment of the April Constitution, which were inconsistent with the prevailing constitutional norms. The legitimisation of these activities was constituted by the decisions of the Marshals of both chambers of the Polish parliament, resulting from the powers conferred on them by the internal regulations of the representation. Furthermore, it was indicated that the parallel introduction into the political system of institutions created in entirely different historical and social conditions led to a crisis of the state and its structures and consequently to the systemic change, the expression of which was the new constitution in 1935.
EN
The birth of parliamentarism in the Kingdom of Poland, its development, and its heyday, referred to in historiography as the ‘golden age’, are associated with the almost two-hundred-year reign of the Jagiellonian dynasty (1386–1572). During the reign of four generations of Jagiellons, the oligarchic monarchy of the fifteenth century was transformed into a parliamentary monarchy of nobles in the next century. One of the institutional foundations and principles of the state was the two-tier parliamentary system, which ensured actual participation in power of the holders of political rights. The year 1468 saw the birth of the Chamber of Deputies, based on the principle of representation, and consequently, the establishment of the bicameral Crown Sejm. The Polish-Lithuanian Union concluded in Lublin in 1569 resulted in legal and political decisions which determined the role and functioning of the Sejm until the collapse of the Commonwealth at the end of the eighteenth century.
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EN
This article aims to present the beginnings and development of the forms of parliamentarism in the Grand Duchy of Lithuania when it was an independently functioning state and after its Union with the Crown of Poland, which gave rise to a new state in Europe called the Commonwealth. Lithuanian parliamentarism developed through a long process of evolution of representative institutions. The most important role was played by a group of magnates (the so-called lords and princes) holding the highest offices in the state and the Church, and appointed by the ruler. This group formed the Council of Lords, an advisory body to the grand dukes; during the Commonwealth ruler’s rare stays in Lithuania, the Council took over many of his prerogatives, becoming the most important legislative, executive, and judicial body of the state, except for the grand duke himself. The strong position of the Council of Lords (and in fact, a few of its most important members holding the most prominent offices) influenced for centuries the political life of Lithuania, dominated by powerful families, almost constantly playing the role of the so-called hegemons, even after they were formally equated in law with the common nobility in 1563. The Lithuanian nobility, on the other hand, was slowly gaining in the sixteenth century the right to participate in the parliamentary life of the state. In principle, however, Lithuanian nobles were deprived of the legislative and control initiative; their role was accepting and executing the ruler’s decisions agreed with the Council of Lords. Thus, they were interested in acquiring the rights of the Polish nobility, and consequently, in the Union with the Polish Crown. The establishment of the Commonwealth resulted in the incorporation of Lithuanian representatives from the senatorial group and poviat (county; Polish: powiat) nobility to the General Sejm of the Crown, in which, however, they could not play a significant role due to their small number compared to their Polish counterparts. In such a situation, it was important for the Lithuanians to maintain the principle of liberum veto, for in this way they could prevent the adoption of constitutions contrary to their interests. Throughout the whole history of the Commonwealth, the Lithuanians made efforts to ensure that their representation corresponded to the popular definition of the state of both nations (Polish and Lithuanian), and not one of its three equal provinces (Greater Poland, Little Poland, Lithuania). However, in the parliamentary system, their only success was the periodic separation of the constitutions for the Grand Duchy of Lithuania from those of the whole state. Even so, Lithuania was treated as one of three provinces, which was reflected in the election of a Lithuanian deputy as Sejm marshal every third Sejm, in the composition of Sejm commissions (1/3 of seats for Lithuanians), and finally in holding of every third Sejm in Lithuania (since 1676). While preparing the Lithuanian state for the union with Poland, King Zygmunt II Augustus carried through substantial political and legal reforms in 1564–66. He introduced a new administrative division, a uniform system of parliamentary institutions (district assemblies, bicameral Sejm), and a new code of civil criminal and administrative law (the so-called Second Lithuanian Statute in 1566). This system was much clearer, simpler, and better thought-out than the one in force in the Polish Crown. Each of the poviats of a province (i.e. voivodeship, some being single-poviat ones), was to meet for deliberations in a specific place (in fact, the capital town of this poviat), gathering local senators and the land owners (Latin: possessionati), and deliberate under the direction of the ‘lord’ of a given administrative unit, i.e. a bishop or voivode in poviats, and, from 1764 on, local marshals in non-voivodeship poviats, ex officio. The law stipulated who should attend a given sejmik under pain of penalties, how long a sejmik may be in session, how many deputies could be elected (only two in each poviat for ordinary Sejms), what remuneration each of them was to receive for their function. During parliamentary debates, Lithuanian senators and deputies often debated separately at the so-called provincial sessions (similar to the nobility from Greater and Little Poland) to prepare the constitutions for their own province and, possibly, take a common position on state issues. Since in Lithuanian law, only general sejms existed, for a long time Lithuanians did not recognise convocation and coronation Sejms as such, did not always participate in them, and did not agree to include them among the alternate ones (that is, for the marshal from Lithuania to head). Until the early eighteenth century, there were cases of calling by rulers or by the citizens of the Grand Duchy themselves of the so-called Lithuanian convocations, i.e. quasi-Sejm assemblies of Lithuanian estates, for deliberations to take decisions (mainly taxes) of a comprehensive nature. This process was initiated by Stefan Batory, but Lithuanians did not welcome the convocations as contrary to the provisions of the Union. The so-called general sejmik (held first at Vawkavysk [Wołkowysk] and then Slonim), where a common position was to be agreed on matters important for the entire state and Lithuania itself, soon came to an end. Lithuanian magnates were not interested in such a gathering, and the nobility (despite the occasional attempts to revive the institution) did not have the strength or the willingness to strive for its functioning. The function of the coordinator of common positions was then taken over by the provincial sessions mentioned above. In conclusion, it should be noted that before the union with Poland (Union of Lublin) in 1569, the Lithuanians had their own tradition and solutions of the parliamentary system, clearly different from those of the Crown. Their reforms of 1564–66 prepared the state to function within the Polish parliamentarism, but the 1569 Union did not establish a new Sejm of the Commonwealth – representatives of the Grand Duchy (senators and deputies) were only incorporated into the existing Sejm of the Crown. They functioned within it, but they certainly did not play an important role, most often dominated by the much more numerous, more politically sophisticated, and feeling their political strength deputies of the Crown. For a long time, the deputies from Lithuania were more at the disposal of their magnate patrons. Enjoying temporary successes and failures, they struggled to break free from their political tutelage (especially from the hegemons of the Radziwiłł, Chodkiewicz, Sapieha, Pac, and Czartoryski families) until the collapse of the state. The functioning of the Lithuanians within the parliamentary system (sejmiks, Sejm) shared with the Poles was also one of the most important factors of their linguistic and cultural Polonisation, clearly visible in the resolutions of sejmiks (they started to be written down in Polish) already at the end of the sixteenth century.
EN
The author discusses the legal framework of the legislative activity of ‘free’ (that is, not confederated) Sejms. He discusses parliamentary practice between 1778 and 1786 after a thorough analysis of the king’s legislative initiative with special emphasis on proposals submitted by the throne, and the role played by the Permanent Council in drafting laws. The author argues that numerous bills drafted by envoys had little impact on the results of Sejms because after the election and control of the executive authorities ended, there was no time to examine the drafts. Sejm decisions could be divided into two categories: a) decisions made before the separation of two chambers – concerning elections (of executive and judiciary authorities) and vote of acceptance for the Permanent Council; and b) legislative decisions made during further proceedings, with a special subcategory in the form of provisions related to the control over executive powers. The author also provides a quantitative analysis of legislative output between 1778 and 1786.
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