scholarly journals Psychology and the round table talks

2020 ◽  
Vol 14 (4) ◽  
Author(s):  
Janusz Grzelak
Keyword(s):  
Catholic Church ◽  
Common Good ◽  
Optimal Solution ◽  
Round Table ◽  
The Rule Of Law ◽  
Political Situation ◽  
Polish Society ◽  
The Common ◽  
The Government ◽  
Zero Sum

Poland in 1988 was on the edge of economic, social and political collapse. The two antagonistic entities – the communist party and the government on one side and the Solidarity movement on the other - were each too weak to overcome the crisis by itself. Undertaking negotiations appeared to be the last chance to solve the crisis peacefully. There was a number of external circumstances and opportunities that supported undertaking the Talks, including Michail Gorbachev's perestroika in the East, Ronald Reagan's anti-communist policies in the West, the support of the Catholic Church and the support of the vast majority of Polish society. The whole Round Table story can be viewed as a transformation from a zero-sum game to a cooperative non zero-sum game with the solution close to a Pareto optimal solution. The processes included, among others: concentration on problems rather than people; building a mutual trust; creating the idea of the common good; and partitioning negotiations into many teams thereby creating a decision-making structure that was both hierarchical and flexible. After thirty years, both democracy and the rule of law are at stake again in Poland. Unfortunately, however, it does not seem that today’s socio-political situation is capable of fostering negotiation methods for solving the nation’s problems.

scholarly journals Nieważność i wygaśnięcie konkordatu polskiego z 1993 r.

2020 ◽  
pp. 43-62
Author(s):  
Paweł Borecki
Keyword(s):  
Catholic Church ◽  
Vienna Convention ◽  
International Agreement ◽  
Holy See ◽  
The Public ◽  
Political Reality ◽  
Legal Situation ◽  
Polish Society ◽  
The Republic ◽  
The Government

From time to time, there is a proposal in the public debate in Poland to break the 1993 concordat, and this has also recently been the case. However, in the current systemic and political reality of contemporary Poland, the issue of the invalidity or expiry of the Polish concordat is one purely for theoretical (academic) discussion. It is worth analyzing this through the prism of the Vienna Convention on the Law of Treaties of 1969 and the Constitution of the Republic of Poland of 1997. The only hypothetical grounds for an annulment of the 1993 Concordat would be the allegation that it was concluded in violation of Art. 46 of the Vienna Convention, i.e. in breach of the rules of national law concerning the competence to conclude a treaty of fundamental importance. The Government of the Republic of Poland did not raise this objection within a reasonable time. There are also no circumstances that could constitute obvious reasons for considering the Polish concordat of 1993 as expired. One might try to defend the position that the concordat may be terminated unilaterally, despite the fact that it does not contain an appropriate clause in this regard. It can be compared to a friendship treaty. Such contracts are, by their very nature, subject to termination. It also seems that if need be, the Polish side might be able to terminate the concordat due to a fundamental change in circumstances, e.g. by referring to the rapidly progressing secularization process of Polish society. A very serious barrier to the termination of the concordat by the Polish side is the Constitution of the Republic of Poland of 1997. In Art. 25 sec. 4 it provides for the obligation to define the relations between the state and the Catholic Church, especially in the form of an international agreement with the Holy See. The hypothetical termination of the 1993 concordat would require prior appropriate amendment of Poland’s constitution and the consent of a number of state bodies. In the current legal situation in Poland, the termination of the treaty with the Vatican is very difficult in procedural terms, and is politically unrealistic.

scholarly journals Sytuacja Kościoła katolickiego w Królestwie Polskim po Rewolucji 1905 r.

2005 ◽  
Vol 48 (1-2) ◽  
pp. 157-184
Author(s):  
Witold Jemielity
Keyword(s):  
Catholic Church ◽  
Church History ◽  
Russian Language ◽  
Political Freedom ◽  
Political Situation ◽  
Church Building ◽  
The Government ◽  
The Russian Empire ◽  
New Situation ◽  
The Catholic Church

Three periods could be observed in the Congress Kingdom of Poland considerable political freedom until November uprising, severe restrictions for the citizens after 1831, and unification with the Russian Empire after January uprising. During each of these periods the Catholic Church experienced new situation, however the second half of the century happened to be the hardest. 1905 was the turning-point in tsar’s policy in which political situation in the country had considerable contribution. The government made two important concessions: both languages Russian and Polish could be used as official ones, and, on 17/30 of April the so called tolerant ukase was issued that concerned religious matters. The Catholic Church in the Congress Kingdom of Poland gained more freedom. The Author of the following work showed this in the separate fields of work connected with ministering to a parish such as: keeping files of records, priests’ dwellings, appointing and moving priests, bishop’s inspections, church processions, parish indulgences, change of the parish boundaries, church building, retreats and Congregations of the clergy, the Pope’s jubilee, contacts with Rome, convents, Greek Catholics, wayside crosses, Russian language in church institutions, religion lessons at schools, voting to the Russian Parliament, the tsar and social matters. The Author has been dealing with the problem of Church history in the Congress Kingdom of Poland for many years. The present work summarizes the settlements the author has obtained hitherto and especially pays attention to changes that occurred after the year 1905.

scholarly journals Narracje i strategie argumentacyjne w dyskursie IV RP jako narzędzia wyznaczania granic wspólnot w polskim społeczeństwie

2018 ◽  
Vol 62 (1) ◽  
pp. 141-165
Author(s):  
Marcin Kotras
Keyword(s):  
Social Space ◽  
Round Table ◽  
Ordinary People ◽  
The Social ◽  
The Press ◽  
Political Rivalry ◽  
Polish Society ◽  
The Government ◽  
Migration Crisis ◽  
The Masses

This article concerns discourse in the 4th Republic and its role in creating the divisions and cleavages of Polish society. The author analyzes the argumentation strategies used by the press supporting the government and its so-called “good change” (the weeklies Sieci and Uważam Rze, which were published in the years 2012–2017). He concentrates on selected rhetorical practices such as labeling, categorization, and discrimination, and determines that the center of the argumentation strategy of the weeklies analyzed is a discursively constructed division between the “elites” and the “masses” ordinary people”). This type of strategy allows the building of a Me-Them dichotomy, which serves not only to strengthen divisions but also to de-legitimize the social space of the 3rd Republic and give legitimacy to the “good change” of the 4th Republic. These activities are exemplified by the manner in which the writers in opinion-forming weeklies describe and explain selected topics and events, such as the Round Table Talks or the migration crisis. The author finds that in the argumentation strategies analyzed, the “nation” is understood as an exclusive community defined from an essentialist perspective. He relates these and other findings to the problem of the new, simplified form of political rivalry and contemporary election campaigns.

The Rule of Law and Good Governance

2019 ◽  
pp. 75-90
Author(s):  
Henk Addink
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Common Law ◽  
The State ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
Judicial Control ◽  
The Common ◽  
The Government ◽  
Continental Tradition

The concept of the rule of law has different—common law and continental—historical roots and traditional perspectives. The common law tradition is more focused on limiting the powers of the state, whereas the continental tradition focuses on not just to limit but also to empower the government. But both systems have a focus on the rule of law. The rule of law in the classical liberal tradition is based on four elements: legality, division and balance of powers, independent judicial control, and protection of fundamental rights. The differences between rule of law and rechtsstaat are: different concepts of the state, mixed legal systems and different approaches of a constitution, and different perspectives on human rights. There are two levels of development: a model in which law is a way of structuring and restricting the power of the state, the second level is more subjective and has important individual positions. The concept of good governance related to these developments makes clear the need to broaden the concept of the rule of law.

scholarly journals Solidarity in genomic healthcare? Results of the Belgian citizen forum (2018)

2019 ◽  
Vol 29 (Supplement_4) ◽  
Author(s):  
C Mayeur ◽  
W Van Hoof
Keyword(s):  
Data Sharing ◽  
Common Good ◽  
Public Involvement ◽  
Equal Opportunity ◽  
Genomic Medicine ◽  
Genomic Data ◽  
The Common Good ◽  
Medical Needs ◽  
The Common ◽  
The Government

Abstract Genomic medicine requires to collect and use a huge amount of patient and citizen data. Therefore, the Belgian Minister of Public Health decided to organize a citizen forum on the ethical, legal and societal issues (ELSI) surrounding the use of genomic information in healthcare. This initiative follows the trend of public involvement in Europe regarding ELSI in genomics. During three weekends, a panel of 32 citizens, informed by experts of different backgrounds, produced political recommendations. We will focus on their conception of solidarity, which is crucial to take into account when considering policies on data sharing in genomics. Citizens of the panel consider their genome simultaneously as the individual’s property and as something to be shared for the common good. As a consequence, the panel agrees to support solidarity provided individual interests, such as privacy protection, are respected. By solidarity, the panel means supporting genomic data sharing for the common good, which they define as scientific research that improves knowledge (on both prevention and diagnostics) to build a fair society where everyone has an equal opportunity to live healthy. According to the panel, the government should actively encourage citizens to share their genomic data, but no one can be forced to do it. For instance, the government could motivate citizens to share their genomic data by partially reimbursing genomic tests undertaken without medical prescription. However, because everyone has an equal right to live healthy, the panel esteems that genomic tests for medical needs should be accessible for all, thanks to a well-thought-out and sustainable refund system. Key messages Citizens support solidarity in genomic medicine, but demand proportional individual protection. As citizens become increasingly important stakeholders in genomic medicine, all public authorities should actively engage citizens in relevant healthcare policies.

Changes of the Judicial Structure in Hungary – Understanding the New Authoritarianism

2018 ◽  
Vol 64 (4) ◽  
pp. 583-599
Author(s):  
Zoltán Fleck
Keyword(s):  
Rule Of Law ◽  
Parliamentary Election ◽  
Right Wing ◽  
The Rule Of Law ◽  
Political Situation ◽  
The Government

In 2018 the populist right-wing authoritarian Fidesz, after eight years of dismantling the rule of law and democracy, won the parliamentary election by two-thirds, in a greatly unfair election. The release from authoritarianism through elections organized by the authoritarian forces is unlikely. Due to the lack of an effective counterbalance for the government, this political situation undoubtedly affects the judiciary, as well as the entire construction of the rule of law from several perspectives. This contribution thoroughly analyses the mechanisms that were instrumental in making the non-rule of law situation, as well as the reasons for this perplexing situation, with particular emphasis on the general peculiarities of the new Hungarian authoritarianism. In its concluding chapter, the article discusses the changes of the judicial structure in Hun-gary, in particular. In this respect, the development in Hungary has been characterized by continuous failure, and periodic setbacks.

Dilemmas of Democratisation from Legal Revolutions to Democratic Constitutionalism?

2012 ◽  
Vol 81 (4) ◽  
pp. 437-470 ◽  
Author(s):  
Paul Blokker
Keyword(s):  
Rule Of Law ◽  
Common Good ◽  
Democratic Politics ◽  
East Central Europe ◽  
East Central ◽  
Constitutional Review ◽  
The Rule Of Law ◽  
The Common ◽  
Higher Law ◽  
Public Views

The ideas of the rule of law and constitutionalism have become an intrinsic part of any process of democratisation around the world. This was equally the case in the radical changes that occurred in East-Central Europe (ECE) around the year of 1989. The adherence in the region to a form of “new constitutionalism” has been frequently seen as an indispensable contribution to the processes of democratisation. However, in this too little attention has been paid to the dilemmas, tensions and perverse effects that may emerge in the institutionalisation and practice of new constitutionalism, not least in terms of an enduring tension between constitutionalism as an ordering and stabilising device and democracy as an uncertain and indeterminate process of verification of public views on the common good. The experiences in ECE since 1989 with regard to new constitutionalism are ambiguous. It is undeniable that an emphasis on a higher law with entrenched rights and robust constitutional review has involved important “corrections” of certain outgrowths of democratic politics and in this prevented forms of “tyranny of the majority” or the endangering of the guarantee of universal rights. But it is equally true that new constitutionalism has been adopted at a price, not least with regard to the emergence of more widespread, publicly shared constitutional cultures as well as in terms of underexplored potentials of democratic constitutionalism and endorsement of civic engagement in the region. Democratic dilemmas and perverse effects have emerged in terms of domestic tensions, in particular regarding democratic debilitation, but also stem from tensions with legal orders beyond the national arena.

‘The Law of Nations Is Common to All Mankind’

2018 ◽  
Author(s):  
Susan Longfield Karr
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Common Good ◽  
Legal Theory ◽  
The Rule Of Law ◽  
Law Of Nations ◽  
The Common ◽  
Fundamental Categories ◽  
Ius Gentium ◽  
Universal Rule

For humanist sixteenth-century jurists such as Guillaume Budé, Ulrich Zasius, Andrea Alciati the ‘rule of law’ was central. In response to the use of law and legal theory to legitimize arbitrary forms of authority, they called for substantive reforms in legal education and practice, which could alleviate the dangers of masking the arbitrary will of rulers with the language of security, utility, and the common good. By focusing on fundamental categories such as ius, natural law, and ius gentium they effectively argued for a universal ‘rule of law’ that could hold political and legal authorities to a higher criterion of justice. In so doing, they redefined fundamental legal categories, ideas, and terms that continue to underpin and structure modern understandings of universal jurisprudence and international law to this day.

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