scholarly journals Publicznoprawne instrumenty „demokracji walczącej” w polskim systemie prawa

2021 ◽  
Vol 43 (4) ◽  
pp. 463-476
Author(s):  
Piotr Janiak
Keyword(s):  
Criminal Law ◽  
Public Law ◽  
Constitutional Level ◽  
Democratic System

The Polish system of public law has legal mechanisms that reflect the idea of ​​a militant democracy, assuming the need to equip the democratic system with instruments that will allow it to defend itself against actions aimed at its annihilation. They appear both on the constitutional level and in the acts of administrative and criminal law. As a result, the problem of the instruments of militant democracy becomes an interdisciplinary issue. The conducted analysis shows that the instruments in question, in spite of appearances, have a lot in common. Their use causes similar problems, the source of which are, among others, disputes arising around the concepts of Nazism, fascism, communism and totalitarianism.

PUBLIC LAW STATUS OF AN EXTREMELY POOR PERSON – A REVIEW OF ADAM PLOSZKA’S DOCTORAL MONOGRAPHY

2020 ◽  
Vol 4 (XX) ◽  
pp. 321-335
Author(s):  
Alexander Martin Juranek
Keyword(s):  
Public Law ◽  
Economic Situation ◽  
Global Level ◽  
European Level ◽  
Minimum Standard ◽  
The Poor ◽  
Constitutional Level ◽  
Legal Situation ◽  
Poor Person

The main purpose of this article is to refer to the Author’s considerations presented in his doctoral monography entitled “Public law status of an extremely poor person”. First of all, the appropriateness of the research hypotheses and questions adopted by the Author will be analysed with particular emphasis attached to the validity of the conclusions drawn in the context of the current social and economic situation in Poland. The second part is dedicated to considerations of a „strictly content-related nature”: from the analysis of solutions to counteract poverty at the global level, through the regional (European) level, to the national (constitutional) level. At this stage, reference will also be made to the standard of protection of the rights of the extremely poor suggested by the Author. The next part will analyse the extent of the discrepancies between the ‘minimum standard’ of protection suggested by the Author and the factual and legal situation of the poor. Conclusions in this area will be particularly useful for law application practice.

scholarly journals Takzir sebagai Hukuman dalam Hukum Pidana Islam

2019 ◽  
Vol 21 (2) ◽  
pp. 255-272
Author(s):  
Usammah Usammah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
National Level ◽  
Public Law ◽  
Community Life ◽  
Positive Law ◽  
Sharia Law ◽  
Interesting Part ◽  
Western Law

Memformalisasikan syariat Islam baik dalam ranah kehidupan bermasyarakat dan sosial, dalam bernegara dan berbangsa tidak jarang terjadi perdebatan, baik perdebatan sosial-politik maupun keagamaan. Perdebatan itu di samping menyangkut memahami ajaran agama dan hubungannya dengan negara-bangsa, juga dalam memahami sistem hukum yang ada dalam negera, lebih-lebih bahwa negera menganut sistem hukum positif yang lebih banyak dipengaruhi oleh hukum barat. Gagasan pemberlakuan hukum pidana Islam tidak serta merta dapat dijalankan dengan baik tanpa adanya legislasi dan pembentukan hukum pidana Islam materil sebagai hukum positif yang berlaku. Juga bahwa hukum pidana Islam adalah hukum publik yang membutuhkan kekuasaan negara baik dalam pembentukannya maupun dalam penegakannya. Dalam hubungannya dengan legislasi dan pembentukan hukum (qanun syariat Islam), maka hal yang sangat menarik adalah bagaimana menentukan bentuk jarimah dan uqubatnya baik yang termasuk dalam kategori hudud, qisas, dan takzir sebagai bagian dari sistem penegakan hukum syariat Islam. Takzir as a Punishment in Islamic Criminal Law The formalizing of Islamic Sharia Law both in the realm of social and community life and also in the state and national level. This issue is frequently debatable, both in socio-political as well as in religious matter. The debate is not only about understanding religious teachings and their relationship with the nation, but also about understanding the legal system applicable in the country, especially the country which apply a positive legal system that influenced by western law. The idea of enforcing Islamic Criminal Law cannot be carried out properly without the existence of legislation and the establishment of Islamic Criminal Law as a positive law that enforced. In addition, Islamic Criminal Law is a public law that requires state power both in its formation and in its enforcement. In relation to legislation and the formation of law (Qanun Sharia), the very interesting part is how to determine the form of rahmah and uqubat both are included in the hudud, qisas and takzir categories as part of the Islamic Sharia law enforcement system.

Criminal Law as Public Law I

2018 ◽  
pp. 1-34
Author(s):  
Vincent Chiao
Keyword(s):  
Twentieth Century ◽  
Criminal Law ◽  
Political Legitimacy ◽  
Public Law ◽  
Normative Theory ◽  
Public Institutions ◽  
Criminal Process ◽  
Social Commitment ◽  
Crime And Punishment ◽  
Eighteenth And Nineteenth Centuries

This chapter sketches the gradual emergence of criminal law as public law over the course of the eighteenth and nineteenth centuries, as public institutions gradually asserted control over most aspects of the criminal process. The emergence of criminal law as public law is compared to the development of the welfare state in the early decades of the twentieth century. Public institutions collectively manage the risk of crime, in part by mobilizing practices of policing, prosecution, and punishment. They represent a social commitment to treating crime as a publicly shared burden rather than merely a privately borne tragedy. The emergence of criminal law as public law suggests that, rather than understanding crime and punishment by reference to the rights of individual persons in the state of nature, a normative theory of criminal law should be appropriately sensitive to the institutional morality and political legitimacy of public institutions.

The Theory of the State as a Sovereign Juristic Person

1948 ◽  
Vol 42 (1) ◽  
pp. 16-31 ◽  
Author(s):  
Kenneth C. Cole
Keyword(s):  
Political History ◽  
Public Law ◽  
The State ◽  
Popular Sovereignty ◽  
General Conception ◽  
The People ◽  
Democratic System ◽  
Definition Of ◽  
Constitutional Morality

The casual student of Western political history encounters sovereignty in a number of guises. In the stage of absolute monarchy, it was a personal endowment of princes; in the stage of democracy, it seems to be a collective endowment of the “nation” or the “people.” In the latter period, moreover, a definition of law as the command of a sovereign becomes increasingly popular.These various contexts for sovereignty will already have suggested the protean possibilities of the general conception, but the student will have had little difficulty in sensing its generally anti-constitutional influence. Even popular sovereignty, which sounds the least dangerous, has had to be offset by opposing institutions in accounting for the relatively high constitutional morality of the democratic system.While, therefore, it is not surprising to find sovereignty again (and in a still different guise) when we examine the leading conceptions of American public law, one well may marvel to find it accorded a key position among them. For, strange to say, the sovereignty of the state is widely accepted as the cornerstone of a legal edifice which the lawyers themselves appear to have laid.

Criminal Law Interpretation of Victimization Aspect of Domestic Violence

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Valentin Kharlamov
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Protection ◽  
Public Law ◽  
Rights And Interests ◽  
Definition Of ◽  
Criminal Legislation ◽  
Procedure Codes ◽  
Personal Interests

The article examines criminal-legal features of victimization aspect of domestic violence, presents the analysis of the use in legislation of such terms as “victim” and “injured person”, their legal specifics, reflects debate in criminal law theory about characteristics of victimization aspect. The author provides classification for victims of criminal assault, reveals gaps of the Russian criminal legislation in the sphere of family protection, puts forward proposals for improving the criminal law aimed at harsher punishment for the violation of rights and interests of a family and its members. The author sees a wider scope of persons recognized as victims to be one of the possible ways of improving legal protection of personal interests, accompanied by enshrining relevant public-law mechanisms of protecting rights and interests of “other persons” as victims in the Criminal and Criminal Procedure Codes of Russia. In order to extend the definition of “victim”, the author proposes to differentiate the legal status of the abovementioned category of persons, talking into account the specifics of each of those persons.

scholarly journals On Some questions of Roman Public Law

1911 ◽  
Vol 1 ◽  
pp. 68-99
Author(s):  
J. S. Reid
Keyword(s):  
Criminal Law ◽  
Public Law ◽  
History Of ◽  
Ad Populum ◽  
Valerius Maximus

The proposals which were made at Rome from time to time to grant to “Latini” the privileges of the provocatio, wholly or in part, raise questions which touch closely the history of the evolution of constitutional and criminal law at Rome during the republican age. So far as is known, the first attempt to sever the provocatio from the general rights of the Roman franchise, and to bestow it on Italian allies, was made by M. Fulvius Flaccus, consul in 125 B.C. the associate of C. Gracchus, who perished with him. According to Valerius Maximus, ix, 5, 1, he introduced “perniciosissimas rei publicae leges (rhetorical plural) de civitate Italiae danda et de provocatione ad populum eorum qui civitatem mutare noluissent.”

scholarly journals The Age of Constitutions in the Americas

2014 ◽  
Vol 32 (2) ◽  
pp. 229-235 ◽  
Author(s):  
M. C. Mirow
Keyword(s):  
Criminal Law ◽  
Colonial Power ◽  
National Narratives ◽  
Constitutional Level ◽  
Regional Trends ◽  
The Caribbean ◽  
Eighteenth And Nineteenth Centuries ◽  
The Relationship ◽  
North And South ◽  
Consolidate State

The late eighteenth and nineteenth centuries have been aptly called the “Age of Codifications.” The same period was also the Age of Constitutions. Although a great deal is known about the migration of prenational and transnational legal sources and ideas that led to national codes of civil and criminal law in Europe and the Americas, much less is known about similar processes on the constitutional level. Constitutional historians have been more parochial than their private law counterparts, most likely because of the relationship between constitutions and nations. In the light of independence, nations immediately needed constitutions to solidify gains and to consolidate state power. The study of these processes becomes national narratives, often in conversation with the former colonial power, which are disconnected from more general or regional trends. As Linda Colley's article in this issue illustrates, it is important to step back to view the constitution-making process from an Atlantic perspective that ties the Americas, North and South, into the area of study. The Age of Constitutions in the Americas must include Latin America and the Caribbean.

scholarly journals Uwagi w sprawie publicznoprawnej determinacji ram przedmiotowych publicznego prawa gospodarczego

Prawo ◽  
2016 ◽  
Vol 320 ◽  
pp. 57-70
Author(s):  
Witold Małecki
Keyword(s):  
Criminal Law ◽  
Public Law ◽  
Polish Literature ◽  
The Public ◽  
Public Economic ◽  
Economic Law ◽  
Definition Of ◽  
Independent Branch

Comments on the public law framework for the scope of public economic lawThe evolution of administrative economic law into public economic law should cause extension of the scope of this section of law, corresponding to its name containing two determinants. However, the scope of public economic law presented in contemporary Polish comprehensive manuals of public economic law does not contain any references to economic criminal law, which is undoubtedly a section of law situated within the confines of public law. In order to determine the meaning of the determinant “public” in the name “public economic law” two models were proposed. In a “shaping” model the determinant “public”, together with the determinant “economic”, defines the scope of public economic law. Only accepting the view on economic law as an independent branch of law and — consequently — the view on public economic law as a divisive factor of the economic law as an independent branch of law allows to justify an omission of economic criminal law provisions which should be included into criminal law. Regarding economic law as an independent branch of law does not entitle one to include such provisions into it if they are classified as a part of another independent branch of law — in this case: criminal law. Another model is a “descriptive” one, in which the determinant “public” does not define the scope of public economic law — the scope is determined by the definition of public economic law. The only role of the determinant “public” is to describe a category of provisions that are included in public economic law. The model, however, does not justify the omission of economic criminal law provisions in the manuals because of a broad shape of the definition of public economic law presented in Polish literature.

scholarly journals RZUT OKA NA POLSKĄ ROMANISTYKĘ W PIERWSZYM DZIESIĘCIOLECIU XXI WIEKU

2016 ◽  
Vol 12 (1) ◽  
pp. 7
Author(s):  
Maria Zabłocka
Keyword(s):  
Criminal Law ◽  
Political System ◽  
Public Law ◽  
Second World War ◽  
First Century ◽  
Roman Law ◽  
The Political ◽  
Private Law ◽  
World War ◽  
Second World

An Overview of the Work of Polish Scholarship on Roman Law in the First Decade of the Twenty-First Century Summary In the first decade of the 21st century Polish scholars of Roman Law accomplished a considerable amount of work, adopting an entirely new area of research. While publications on private law had constituted the predominant trend since the Second World War, especially in the first forty years of the period, articles on public law were an exception until recent times. In the last few years nearly twice as many monographs have been published on a broad range of issues in public law, such as the political system, administration, and criminal law, as on private law. The numer of articles on public law has also been much larger than on other branches of Roman law. The work of Polish Romanists has earned acknowledgement abroad, as evidenced by the invitations Polish researchers have been receiving to contribute to foreign occasional volumes, and by the digests of Polish books and articles which have appeared in the Italian scholarly journal «Iura. Rivista internazionale di diritto romano e antico».

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