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Podział władzy państwowej jako przesłanka jej legitymacji

100%
Małajny R. M.
Przegląd Sejmowy
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2014
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issue 3(122)
9-28
XX
The author begins by presenting the meaning of the concepts of „legitimacy” and „legitimization” of power. The former means the authority of power, respect for it and its acceptance by citizens. The latter is the process aimed at justifying the legitimacy of power. One of the basic premises legitimizing the power of the state in the institutional (legal) terms is the idea of its division. This idea emerged during the English revolution (1640 –1660), giving rise to the relevant concepts and doctrines. These views were later developed, so that by the end of the eighteenth century the theory of separation of powers has been well established. Looking at this theory in the context of legitimizing the state power, we should fi rst point to its guarantee nature in relation to freedoms and rights of the individual. This character was already noticed by the pamphleteers of the English „Great Rebellion” and, then, by such great thinkers as John Locke, Charles de Montesquieu, the America’s Founding Fathers, the authors of the French Declaration of the Rights of Man and of the Citizen of 1789, and others. As a normal course of events, this legitimizing nature of the idea of separation of power was sometimes denied. The critics argued that this idea is not compatible with the ideas of sovereignty and democracy. The author polemicizes sharply against these views, claiming that the division of power can be safely classifi ed as rules of „constitutional natural law” or simply acquis constitutionnel, since it is considered a „universal basis for a constitutional democracy.”
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Faktyczny status ustrojowy Kongresu USA na tle literatury amerykańskiej

100%
Małajny R. M.
Przegląd Sejmowy
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2012
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issue 6(113)
49-69
EN
The article is divided into six parts. In Part I, the author gives introductory notes describing the powers of US Congress. In the subsequent sections, he tries to find out what is the actual status of that body in the system of government. He provides a very positive evaluation of that status in Part II, and presents negative arguments thereon in Part III. In Part IV he analyzes - as he himself defines them - the seven deadly sins of Congress: the growing “balkanization” of the Congress; overexposed position of its committees and subcommittees in the political system; its decades-long weak party discipline and lesser legal and political status of the parliamentary party factions; different Achilles heels of Congressmen; doubtful representativeness of Congress, the excessive complexity of the existing procedures that are used by a temporary minority to delay, block or undermine the necessary legislative proposals, and little, as it seems to be, attention of Congress to its image in society. Part V deals with redefinition of the functions of Congress. The author agrees with those researchers who believe that it was many years ago that Congress ceased to be able to effectively and independently perform its legislative function, as well as that its main role is not law-making, but a specifically understood oversight. Part VI ncludes the conclusions.
3
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Anglosaska doktryna rozdziału władzy XIX wieku

100%
Małajny R. M.
Z Dziejów Prawa
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2011
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vol. 4(12)
89-109
EN
According to a stereotypical opinion the theory of power division starts from Montesquieu, leads to Montesquieu and finishes with Montesquieu. Meanwhile you could not be more wrong — no element of the previous statement is true. The evidence constitutes even the very article concerning less-known adepts of this theory writing in Great Britain and the United States two centuries ago. One of them was John Taylor (1753—1824) from Virginia, a senator and one of the leaders of anti-federalists, belonging to the most influential American political writers of the 1th century. His main work is (An Inquiry into the Principles and Policy of the Government of the United States) from 1814. The author also discusses relevant opinions of the representatives of the British radical movement, the most well-known representatives of which were David Williams and John Cart- wright. The former is the author of Letters on Political Liberty from 182 and Lectures on Po- litical Principles published 7 years later. The latter, on the other hand, wrote (An Appeal on the Subject of the English Constitution) from 1791 and a treatise The English Constitution produced and Illustrated from 1823. Other political writers, the opinions of whom within the theory of power division are discusses here, are among others Jeremy Bentham (1784—1832), the author of among others A General View of a Complete Code of Laws from 1802 and Constitutional Code from 1827— 1830. Also, the opinions of American progressivists such as Woodrow Wilson, Herbert Croly, Gamaliel Bradford and Frank Goodnow were noted down. The biggest response was evoked by a small work written by the first of them (1856—1924) entitled Congressional Government in the United States from 1885.
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Katarzyna Maćkowska, Początki amerykańskiej administracji lokalnej (od założenia kolonii do 1787 roku, 2012

100%
Małajny R. M.
Czasopismo Prawno-Historyczne
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2013
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vol. 65
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issue 1
525-529
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