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Model prezydentury w konstytucjonalizmie frankofońskich państw Afryki Zachodniej

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Jakubiak Ł.

Przegląd Sejmowy

2013

issue 3(116)

95-114

The article deals with the model of presidency adopted in the basic laws of eight West African francophone states: Benin, Burkina Faso, Ivory Coast, Guinea, Mali, Niger, Senegal and Togo. In many aspects, those acts were based on the systemic solutions applied in the Constitution (1985) of the Fifth French Republic. According to them, the President is the most important element of the constitutional system of government and the basic holder of the executive power. The following aspects were considered in the analysis of the existing model of presidency: the procedure for election of the head of state, incompatibility of the office of President with other posts, performance of the duties of President in the event of vacancy in the office, the status within the executive power and in relation to Parliament, presidential extraordinary powers, requirements of political and legal accountability. The solutions used in the above-mentioned states provide for establishing a presidency more powerful than that existing not only in the parliamentary cabinet system, but also in the French current legal framework. However, the extent of this enhancement in particular states varies, thereby influencing the nature of the existing system of government. In some states included in the article, the constitutions directly draw on the presidential model in which the executive is not responsible to Parliament politically. Others have implemented the basic principle of the semi-presidential system, namely the responsibility of the government to both the head of state and the representative body (Parliament). Notwithstanding the specific nature of the detailed solutions, the said states have implemented a model of presidency adapted to particular political, social and cultural circumstances.

Jeszcze raz w sprawie kontroli konstytucyjności całej ustawy — odpowiedź na polemikę Piotra Radziewicza

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Kustra A.

Przegląd Sejmowy

2013

issue 2(115)

87 – 96

The article is in response to polemic comments from Piotr Radziewicz on the author’s article about the review of constitutionality of the entire statute (published in "Przegląd Sejmowy” 2012, No. 2). Replying to the objections of Radziewicz, the author clarifies that her original article was based on the assumption of an active role of the constitutional court in the process of hierarchical review of conformity of the normative acts of lower rank to the normative acts of higher rank. The aim of the cited article was not to examine the limits of judicial activism, but, under a tacit assumption of its admissibility (or, sometimes, even necessity), to show real issues facing constitutional court judges when considering applications to review the constitutionality of the statute as a whole. In the author’s view, the Constitutional Tribunal – carrying out the review of the entire statute – may make a decision which is fully affirmative or declaring inconsistency with the constitution of only several elements of the statute, or give a fully negative (denying) judgment. The latter will be admissible only in the event that the Tribunal declares unconstitutionality of all the provisions of fundamental nature and indicates the resultant unconstitutionality of all other provisions of the statute. Judgments declaring unconstitutionality of the entire statute will be made very occasionally. The author claims that carrying out of the review of constitutionality of the statute as a whole is based on Article 122 (3) for an a priori review and Article 188 (1) for an a posteriori review. In her view, even if a given statute has been challenged by the President of the Republic under the a priori review procedure and (consequently) unconstitutionality of the provisions integrally associated to the entire statute has been declared, the Constitutional Tribunal will be allowed to make use of its competence provided for in Article 122 (4), the second sentence. This, however, cannot be confused with a review of the entire statute per se.

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2 Przegląd Sejmowy

2 2013

1 Jakubiak Ł.

1 Kustra A.

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Model prezydentury w konstytucjonalizmie frankofońskich państw Afryki Zachodniej

Jeszcze raz w sprawie kontroli konstytucyjności całej ustawy — odpowiedź na polemikę Piotra Radziewicza