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1

Projekt stanowiska Sejmu w sprawie o sygn. akt SK 4/16

100%

Kaleta K. J.

Zeszyty Prawnicze BAS

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2017

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issue 1(53)

235-259

EN

This draft position of the Sejm concerns the constitutional complaint of 13th August 2015. In the proposed draft position the author claims that the Article 107 paragraph 1 of the Act of 27th July 2001 – the Law on the System of Common Courts is in compliance with the Article 42 para. 1 sentence no. 1 in conjunction with the Article 2 of the Constitution. The author states that the challenged provision does not infringe the principle of specificity of law, and that the nullum crimen sine lege principle is applicable to the disciplinary proceedings only in a suitable way. Moreover, he claims that in the remaining scope of the complaint the proceedings should be discontinued pursuant to Article 40 para. 1 subpara. 1 of the Act on the Constitutional Tribunal due to the inadmissibility of the judgment.

2

Dialektyka solidarności a państwo prawa

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Kaleta K. J.

Filozofia Publiczna i Edukacja Demokratyczna

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2016

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vol. 5

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issue 1

37-62

EN

The article concerns the significance of the idea of solidarity for the rule of law within contemporary constitutional democracies. The author presents, with reference to P. Ricouer’s philosophy, the dialectical nature of solidarity which mediatises ideals of love and justice. He also presents the solidarity’s place within liberal and republican political thought. The author points the limitations imposed on the idea of solidarity by the model of liberal constitutionalism. At the same time he emphasises that legal recognition related to liberal culture of human rights gains its social complement in the idea of solidarity. He argues that the idea of solidarity might determine the concept of legitimization of power in its modern formula. The idea of solidarity and the concept of rule of law both realise – in different ways and on different levels – the common values oriented towards elimination of arbitrariness of power and ensuring conditions for cooperation between members of political community. The constitutional justice may perform a leading role in fulfilment the idea of solidarity as it watches over distribution of political power and secures processes of free communication within political community.

3

Charakter władzy suwerennej w koncepcjach ładu konstytucyjnego Hansa Kelsena i Carla Schmitta

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Kaleta K. J., Koźmiński K.

Filozofia Publiczna i Edukacja Demokratyczna

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2013

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vol. 2

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issue 2

154-168

EN

The purpose of this article is to review the controversy between two, potentially most influential legal theorists in 20th century, Hans Kelsen and Carl Schmitt. Their philosophical concepts: Schmittian decisionism and Kelsenian normativism, were based on different assumptions, leading their authors to variant practical conclusions. It is reasonable to infer that the differences in their visions of constitutional order were deeply rooted in different intellectual traditions – not only political (Kelsen’s involvement in defense of liberal democracy unlike Carl Schmitt, whose conservative attitude and critique of liberalism led to support totalitarian state and extreme right wing ideology), but also theological (pantheistic idea of God and fideism; conflict between rationality and faith). So from this perspective „Pure theory of law” can be seen as pantheistic political theology, because „pantheism overcomes the opposition of God and World; the Pure Theory of Law accordingly overcomes the opposition of State and Law”. On the other hand legal philosophy of Carl Schmitt is inspired by the Roman Catholic theological concept of the miracle, whereby God is free from the laws of nature – and in consequence – the sovereign is not bound by the law and may decide exceptions to it.

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2 Filozofia Publiczna i Edukacja Demokratyczna

1 Zeszyty Prawnicze BAS

3 Kaleta K. J.

1 Koźmiński K.

1 2017

1 2016

1 2013

Projekt stanowiska Sejmu w sprawie o sygn. akt SK 4/16

Dialektyka solidarności a państwo prawa

Charakter władzy suwerennej w koncepcjach ładu konstytucyjnego Hansa Kelsena i Carla Schmitta