scholarly journals Demokratyczne państwo prawne i podstawy ustroju demokratycznego w dyskursie Sejmu X kadencj

Author(s):  
Paweł Fiktus

Democratic rule of law and the foundations of the democratic system in the discourse of the Sejm of the 10th termThe June elections in 1989, as a result of which representatives of the then contemporary opposition circles were introduced to the Po-lish parliament, radically changed the Sejm’s political and legal di-scourse. As a consequence of the December Novelization of Decem-ber 29, 1989, that is the amendment to the Constitution of the Polish People’s Republic of July 22, 1952, the principle of a democratic state ruled by law came into force rejecting the provisions on the leading role of the communist party as well as the alliance with the USSR. Undoubtedly, the changes of the second half of 1989 were a conti-nuation of the changes of the first half of 1989, which then resulted in the so -called April Novelization. Importantly, in the first half of 1989, the arrangements made during the Round Table negotiations initiated the transition, and draft amendments to the constitution were developed by the Council of State. In turn, in the second half of 1989 (i.e. after the so -called June elections), before the debate in the Sejm forum and later in the Senate forum took place, proposals for consti-tutional changes were presented in parliamentary texts, which were the subject of a parliamentary initiative. The aim of this thesis is to present the most important Sejm documents containing the then po-stulates relating to radical changes within the constitution. Particular attention should be paid to the issue of the principle of a democratic rule of law underpinning the new political and legal system.

Politeja ◽  
2018 ◽  
Vol 15 (53) ◽  
pp. 257-270
Author(s):  
Marek Delong

The Position of the Polish Episcopal Conference on the Parliamentary Elections in 1991The purpose of this article is to show the position of the Conference of the Polish Episcopate on the parliamentary elections in 1991. In official pronouncements of the Conference of the Polish Episcopate on this issue, as well as in the statements of individual bishops you can find two common elements. Firstly, noticeable is the identification of the category of the Polish nation, Catholics and society. Hence the belief that the institutions of a democratic state should uphold Christian values and national. Secondly, the Conference of the Polish Episcopate harbored the misconception by unanimity Catholics in Poland in terms of political views. It quickly turned out that the majority of the population does not recognize the role of the Church as the subject of political life. Already in the early nineties, and especially after the parliamentary elections in 1991, there have been numerous discussions on clericalism and anti‑clericalism.


Author(s):  
Tatyana V Markelova

The study tested the semiotic approach to the system of evaluation marks allocated on the basis of pragmatic function. Traditional triad - semantics, syntactics, pragmatics - is accompanied by sigmatech as a branch of semiotics, determining the relationship between sign and object, which has not been properly studied yet. The system of evaluation of signs - function, connotation, pragmem, their functional and semantic differences are described through the prism of the semantic structure of the word influenced by the pragmatic function. Non-standard character of pragmatic mark is denotative-significative, expressing the nature convoluted judgment is focused on the subject of speech and its axiological intentions. The article demonstrates semantic, syntactic and pragmatic nature of Prameny sign evaluation with special feaches of its semiotic nature. Three types of evaluation signs - functions, connotations, pragmem -are compared and the role of pragmem in the system is defined. The leading role of pragmem in the axiological fragment of the linguistic picture of the world is determined.


Author(s):  
N.V DEVDARIANI ◽  
◽  
E.V RUBTSOVA ◽  

This article presents the methodological development of lectures, material which may be used in the study course "Philosophy", "Philosophy of science and technology" and "concepts of modern natural Sciences" (cmns) for students of the Humanities in Russian universities. This lecture on "Philosophical understanding of the concept of "life": biocentricity picture of the world" presents the main approaches to the idea of the modern scientific picture of the world. Such a summary of the lecture material, according to the authors, due to the need to change existing approaches to teaching of specific disciplines. In particular those which involve integrated knowledge from different scientific disciplines and the subject of study which are universal categories and phenomena. It is noted that in the conditions of modern technogenic civilization machineoriented, justified is the issue of revision of existing views about the current ideological approach to the basic concepts, components of a comprehensive scientific picture of the world. In this article, the authors examine biocentricity picture of the world in which the author focuses on the leading role of the life. It is concluded that a comprehensive summary of the lecture material various areas of scientific knowledge, contributes to the formation of metacognitive abilities of students in the course of studying the above disciplines.


Author(s):  
Paweł Antkowiak

The subject of this article is access to legal services in Europe, demonstrated on the basis of Polish solutions in the field. The legal professions operate as corporations called professional self-government. The theoretical assumptions behind professional self-government is that it guarantees high ethical and professional standards, as well as balance between free professional practice and the quality of services provided. Its existence and operation is therefore an integral part of the democratic rule of law.


Author(s):  
Vladimir M. Simović ◽  
Miodrag N. Simović

The Constitutional Court of Bosnia and Herzegovina was established on the basis of Article VI of the Constitution of Bosnia and Herzegovina as an independent guardian of the Constitution of Bosnia and Herzegovina and an institutional guarantor of the protection of human rights and fundamental freedoms established by this Constitution and instruments of Annex I to the Constitution. Assuming that it is not part of the legislative, executive and regular judicial power (as positioned by the Constitution of Bosnia and Herzegovina), the Constitutional Court acts as a separate, autonomous and independent authority and a corrective factor for the other three segments of government in Bosnia and Herzegovina. In this way, the Constitutional Court, as one of the key state institutions of Bosnia and Herzegovina, contributes to the promotion of democracy, rule of law and the affirmation of the rule of law, especially in the first years after its constitution when it was necessary to protect the foundations of a democratic state and resolve a number of questions that have in some ways remained vague in the Constitution of Bosnia and Herzegovina. The decisions of the Constitution are final and binding. In the end, the Constitutional Court has to seek and find out the ways for implementation of its decisions. If the legislator is not able to do that, the role of the guardian of the Constitution imposes on the Constitutional Court, even in the unpopular (realistically, rarely used) role of a positive legislator, to bring the procedure before the court to an end - by proclaiming a law on a temporary basis. The paper explains the concept of judicial activism, its limitations and self-limitations. Then, it points out some of the most impressive forms of its realization in the case-law of the Constitutional Court, taking into account mutual influences and differences. Special emphasis is placed on the constitutional framework of constitutional court activism of the Constitutional Court, which is also the basis for the interpretation of the Constitution of Bosnia and Herzegovina.


2018 ◽  
Vol 6 (3) ◽  
pp. 5-11
Author(s):  
V. V. Kravchenko ◽  
A. O. Yanchuk

The article deals with the issues related to the definition of the conceptual framework of the new legislation of Ukraine on local referendums in the context of the requirements of the Additional Protocol to the European Charter of Local Self-Government on the right to participate in local government affairs, which was ratified by the Verkhovna Rada of Ukraine on September 2, 2014. The proposals on the legislative consolidation of the subject of local referendums, the order of their appointment, the legal force of decisions taken at referendums, etc. are formulated.The authors emphasize that legislative regulation of the initiation, organization and conduct of local referendums requires significant legislative improvement. To date, enough legislative initiatives have been developed in the field of initiation, organization, holding of local referendums and the implementation of their decisions. To implement such work in the current legislative field, a coordinated and coordinated work of the Verkhovna Rada of Ukraine and the President of Ukraine is necessary.The article concludes that the adoption of the Law «On Local Referenda» has long been overdue, and therefore the adoption of any legislative initiatives in this direction will be a step forward towards the development of a legal, democratic state in which citizens will be able to exercise their right to participate in the management of state affairs not only through state authorities and local self-government bodies, but directly – through a referendum.Consideration in the legislative activity of the Parliament of the directions of improvement of the legislation on local referendums given by us will significantly increase the role of the local referendum in the mechanism of solving local issues by the territorial community, will help to create real ways of direct solving local community issues by a territorial community.


2016 ◽  
Vol 273 ◽  
pp. 199
Author(s):  
Marcelo Henrique Pereira Marques

<p>A emergência do estado democrático de direito, o fenômeno do neoconstitucionalismo e a passagem do autoritarismo para a democracia no Brasil apontam para a necessidade de readequação da teoria do direito administrativo. É preciso criar todo um novo contexto pela democratização das bases do direito administrativo. Ainda se mantém viva a racionalidade autoritária que deu origem ao direito administrativo, montada numa estrutura patrimonial e autoritária de poder, com a administração na posição de supremacia. Isso permite à administração pública brasileira se valer de uma base teórica ultrapassada para fundamentar posturas autoritárias. Daí questionar-se qual o papel do direito administrativo na construção de uma administração pública democrática. Um modelo de administrar que sinalize uma maior inserção da democracia no direito administrativo e na administração pública é o desafio atual da disciplina.</p><p> </p><p>The emergence of the Democratic Rule of Law State, the phenomenon of the neoconstitutionalism and the passage from authoritarianism to democracy in Brazil point to the necessity of creating a new context of democratization of the basis of the administrative law. The authoritarian rationality that gave birth to the administrative law is still alive, with the administration taking a position of supremacy. This allows the Brazilian public administration to use a surpassed theory to justify authoritarian postures. Therefore question what the role of the Administrative Law in the construction of a democratic public administration is. A model of administration that signalizes with a wider insertion of democracy in the administrative law and in the public administration is the contemporary challenge of the discipline.</p>


1969 ◽  
Vol 29 (2) ◽  
pp. 268-278 ◽  
Author(s):  
David Klingaman

The economic development of the American colonies is one of the least explored areas in American economic history. Since the several regions in the colonies followed somewhat different paths of development, the colonial puzzle can be gradually pieced together through research which concentrates on particular regions. The subject of this study is an important aspect of the development of the tobacco colonies during approximately the thirty years preceding 1770. George Rogers Taylor and Jacob M. Price have suggested that the second and third quarters of the eighteenth century brought “rapid economic growth” to the tobacco colonies and a “marked resumption of growth” in tobacco exports. The findings of this study will suggest some reservations concerning the leading role of tobacco during this time. The series on American tobacco exports to Great Britain suggests that there was virtual stagnation in the first quarter of the eighteenth century followed by perhaps a doubling of exports in the second quarter and then near stagnation in the third quarter until the year 1771. The reason for the leap in tobacco exports in 1771 to a high plateau of approximately 100 million pounds annually during 1771–1775 is unknown. What is important for analysis of the growth and development of the tobacco colonies, however, is that the exceptionally high exports in the last five years of the colonial period tend to mask what was apparently a slow and erratic growth in world demand for American tobacco exports in the immediately preceding decades. The assumption that tobacco was a booming sector in the economy of the upper South at this time is open to question.


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