Legal Dispute Over The Constitutional Court In Poland

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Legal dispute over the Constitutional Court in Poland

Author : Bogumił Szmulik
Publisher : Wydawnictwo Instytutu Wymiaru Sprawiedliwości
ISBN 13 : 8366344509
Total Pages : 280 pages
Book Rating : 4.3/5 (663 download)

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Book Synopsis Legal dispute over the Constitutional Court in Poland by : Bogumił Szmulik

Download or read book Legal dispute over the Constitutional Court in Poland written by Bogumił Szmulik and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on 2020 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The strengthening of the position of courts was, to a large extent, the result of the creation and rapid development of constitutional justice. It has made the power that was “in some measure, next to nothing” a real power, and the apolitical placement of courts changed into a political one, or at least one leading to serious political repercussions.… There is no doubt today that courts are a branch of power in the full sense of the word, and some even point out that because of constitutional justice they have become de facto the first power. From the position of a passive power, they have changed their placement, mainly owing to constitutional justice, to that of an active power, which competes on a par with the authority of the parliament and government in search of a golden mean of political balance. As a consequence, constitutional courts have slowly, but very consistently, forged their position by stepping into the shoes of a power that is as a matter of fact a political and active one. This, apart from prestige and recognition for constitutional courts, has also created the threat that, like with all the other active branches of power, they would become a participant in disputes and polemics, and could enter into a classic power conflict…. Political disputes over the Constitutional Court cannot be eliminated altogether. The Court, by its very nature, may betray political engagement, or at least its judicial decisions will have a political effect, which means that it will be engaged in the political optics of rivalry between the separated branches of power. The constitutional drafters, acting rationally, should therefore exercise due care to eliminate possible tensions. Political disputes cannot be predicted, nor can they be eliminated. However, they can be mitigated, and unfortunately this is still missing in the Polish Constitutional Court model. FROM THE INTRODUCTION

Legal dispute over the judiciary in Poland

Author : Bogumił Szmulik
Publisher : Wydawnictwo Instytutu Wymiaru Sprawiedliwości
ISBN 13 : 8366344517
Total Pages : 210 pages
Book Rating : 4.3/5 (663 download)

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Book Synopsis Legal dispute over the judiciary in Poland by : Bogumił Szmulik

Download or read book Legal dispute over the judiciary in Poland written by Bogumił Szmulik and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on 2020 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Białystok Law Books 11

Author : Lech Jamróz
Publisher : Wydawnictwo Temida 2
ISBN 13 : 8362813725
Total Pages : 170 pages
Book Rating : 4.3/5 (628 download)

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Book Synopsis Białystok Law Books 11 by : Lech Jamróz

Download or read book Białystok Law Books 11 written by Lech Jamróz and published by Wydawnictwo Temida 2. This book was released on 2014 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Defending Checks and Balances in EU Member States

Author : Armin von Bogdandy
Publisher : Springer Nature
ISBN 13 : 366262317X
Total Pages : 478 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis Defending Checks and Balances in EU Member States by : Armin von Bogdandy

Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

National Courts and the Application of EU Law

Author : Monika Domańska
Publisher : Taylor & Francis
ISBN 13 : 1000937348
Total Pages : 306 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis National Courts and the Application of EU Law by : Monika Domańska

Download or read book National Courts and the Application of EU Law written by Monika Domańska and published by Taylor & Francis. This book was released on 2023-09-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the case law of Polish courts, namely the Supreme Court, administrative courts and the Constitutional Tribunal, in which the principles of EU law have been successfully applied. It discusses how Polish courts apply principles of consistent interpretation, primacy and direct effect of EU law in their daily adjudicating practice in order to ensure effet utile of EU law, resulting in effective protection of individuals' rights derived from the EU legal order. The book explores the legal nature of these principles and, in particular, the requirement that national rules that are found to be incompatible with legally binding and enforceable EU law should be disapplied by the domestic courts. It explains Polish courts’ reasoning concerning the inseparable relationship between the principle of primacy of EU law and the remedy of disapplication of national law. As the guidelines provided for the national courts by the Court of Justice of the European Union are often quite vague, the work will be important and useful for academics and practitioners from different European jurisdictions to observe the manner in which these principles of EU law are applied in jurisdictions other than their own.

Rights Before Courts

Author : Wojciech Sadurski
Publisher : Springer
ISBN 13 : 9401789355
Total Pages : 470 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Rights Before Courts by : Wojciech Sadurski

Download or read book Rights Before Courts written by Wojciech Sadurski and published by Springer. This book was released on 2014-05-26 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.

Poland's Constitutional Breakdown

Author : Wojciech Sadurski
Publisher : Oxford University Press
ISBN 13 : 0192576976
Total Pages : 304 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Poland's Constitutional Breakdown by : Wojciech Sadurski

Download or read book Poland's Constitutional Breakdown written by Wojciech Sadurski and published by Oxford University Press. This book was released on 2019-05-16 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.

Poland's Constitutional Breakdown

Author : Wojciech Sadurski
Publisher : Oxford Comparative Constitutio
ISBN 13 : 0198840500
Total Pages : 305 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Poland's Constitutional Breakdown by : Wojciech Sadurski

Download or read book Poland's Constitutional Breakdown written by Wojciech Sadurski and published by Oxford Comparative Constitutio. This book was released on 2019-05-16 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.

Poland's Constitutional Breakdown

Author : Wojciech Sadurski
Publisher : Oxford University Press
ISBN 13 : 0192576968
Total Pages : 304 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Poland's Constitutional Breakdown by : Wojciech Sadurski

The Constitution of Poland

Author : Miroslaw Granat
Publisher : Bloomsbury Publishing
ISBN 13 : 1509913955
Total Pages : 241 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Constitution of Poland by : Miroslaw Granat

Download or read book The Constitution of Poland written by Miroslaw Granat and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the Polish Constitution of 1997, concentrating on its structure, its substance and some of the institutional choices made by the drafters. The core of the Constitution is similar to other liberal democratic constitutions, but, in addition, it regulates a number of issues – such as public finances and sources of law – that are new to Polish constitutionalism and to constitutionalism in general. It considers in a detailed manner certain institutional choices made in the Constitution, such as the bicameral parliament, the peculiar structure of the executive branch, as well as the principle of independence of courts and judges, fundamental rights and local government. The book is a vital resource for all those interested in Poland's Constitution, and the rich comparative constitutional insights the country offers. In addition to explaining the 1997 Constitution in its political, historical, and social context, the book tackles the radical changes, in particular within the judicial branch, introduced by the new governing majority since 2015. These new regulations, constitutional in character, but without formally changing the Constitution, challenged the rule of law, a key component of membership in the European Union. Despite the negative nature of these recent developments, the anchoring of Polish constitutional law in European constitutionalism presents a source of optimism that the 1997 Constitution will regain its position as the supreme law of the state.

Outline of Polish Constitutional Law

Author : Bogusław Banaszak
Publisher :
ISBN 13 :
Total Pages : 172 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Outline of Polish Constitutional Law by : Bogusław Banaszak

Download or read book Outline of Polish Constitutional Law written by Bogusław Banaszak and published by . This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is an introductory text to the Polish constitutional system. It is intended for anyone wishing to gain clear understanding of the subject and is suitable for use by foreign students of law, journalists, and everyone interested in current matters of Poland. This text deals with constitutional issues in a comprehensive and informative way, covering a wide range of topics -- from the brief history of Polish constitutionalism and parliamentarism to the recent political and legal institutions as well as rights and liberties of man and citizen, which constitute and define the constitutional system of the Republic of Poland"--

Poland, Towards to [sic] the Rule of Law

Author : Ewa Łętowska
Publisher : Wydawn. Nauk. Scholar
ISBN 13 :
Total Pages : 182 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Poland, Towards to [sic] the Rule of Law by : Ewa Łętowska

Download or read book Poland, Towards to [sic] the Rule of Law written by Ewa Łętowska and published by Wydawn. Nauk. Scholar. This book was released on 1996 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Białystok Law Books 7 Polish Constitutional Law

Author : Krzysztof Prokop
Publisher : Wydawnictwo Temida 2
ISBN 13 : 836281313X
Total Pages : 239 pages
Book Rating : 4.3/5 (628 download)

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Book Synopsis Białystok Law Books 7 Polish Constitutional Law by : Krzysztof Prokop

Download or read book Białystok Law Books 7 Polish Constitutional Law written by Krzysztof Prokop and published by Wydawnictwo Temida 2. This book was released on 2011 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The End of an Era

Author : Petra Bárd
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (128 download)

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Book Synopsis The End of an Era by : Petra Bárd

Download or read book The End of an Era written by Petra Bárd and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Books Are Weapons

Author : Siobahn Doucette
Publisher : University of Pittsburgh Press
ISBN 13 : 0822983192
Total Pages : 338 pages
Book Rating : 4.8/5 (229 download)

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Book Synopsis Books Are Weapons by : Siobahn Doucette

Download or read book Books Are Weapons written by Siobahn Doucette and published by University of Pittsburgh Press. This book was released on 2018-03-07 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much attention has been given to the role of intellectual dissidents, labor, and religion in the historic overthrow of communism in Poland during the 1980s. Books Are Weapons presents the first English-language study of that which connected them—the press. Siobhan Doucette provides a comprehensive examination of the Polish opposition’s independent, often underground, press and its crucial role in the events leading to the historic Round Table and popular elections of 1989. While other studies have emphasized the role that the Solidarity movement played in bringing about civil society in 1980-1981, Doucette instead argues that the independent press was the essential binding element in the establishment of a true civil society during the mid- to late 1980s. Based on a thorough investigation of underground publications and interviews with important activists of the period from 1976 to 1989, Doucette shows how the independent press, rooted in the long Polish tradition of well-organized resistance to foreign occupation, reshaped this tradition to embrace nonviolent civil resistance while creating a network that evolved from a small group of dissidents into a broad opposition movement with cross-national ties and millions of sympathizers. It was the galvanizing force in the resistance to communism and the rebuilding of Poland’s democratic society.

Eroding Checks and Balances

Author : Lydia Gall
Publisher :
ISBN 13 : 9781623135379
Total Pages : 37 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Eroding Checks and Balances by : Lydia Gall

Download or read book Eroding Checks and Balances written by Lydia Gall and published by . This book was released on 2017 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recommendations -- I. Independence of the judiciary -- Interference with freedom of expression and the media -- II. Overbroad counterterrorism powers -- III. Restriction of women's reproductive rights -- IV. Restriction of freedom of assembly -- V. Interference with civil society and freedom of association -- VI. Violating asylum seekers' rights -- VII. Regional and international criticism -- Acknowledgments.

The Struggle for Constitutionalism in Poland

Author : M. Brzezinski
Publisher : Springer
ISBN 13 : 0230508626
Total Pages : 268 pages
Book Rating : 4.2/5 (35 download)

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Book Synopsis The Struggle for Constitutionalism in Poland by : M. Brzezinski

Download or read book The Struggle for Constitutionalism in Poland written by M. Brzezinski and published by Springer. This book was released on 1997-10-29 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first time in paperback is the best comprehensive examination of the development of constitutionalism in Poland. In particular, this book examines Poland's long-term constitutional history, the adoption of a new constitutional framework after 1989, and the establishment of structures and procedures designed to institutionalize enduring respect for constitutional rules and principles. Notwithstanding continuing challenges in Poland, the groundwork for constitutionalism based on notions of limited government and reflective of European constitutional norms has emerged from the collapse of the communist system of power.