The reviewed book concerns important issues related to the international activity of parliamentarians. The authors show the theoretical aspects of the activities of international parliaments and other international parliamentary institutions. They focused in particular on the importance of this activity for ensuring strategic legitimacy. They argue that international organizations establish international parliamentary institutions to legitimate themselves by creating the appearance of democratic governance. In addition to theoretical lectures, case studies were presented, showing parliamentary dimension of the individual international organizations (including e.g. the European Union, OSCE, the Commonwealth of Independent States, Andean Community, the East African Community and Mercosur). The work makes a significant contribution to getting to know the specifics of international parliamentary organizations and showing the conditions for undertaking parliamentary diplomacy.
{"title":"Parlamenty jako determinanta legitymacji strategicznej w organizacjach międzynarodowych. Recenzja publikacji: Frank Schimmelfennig, Thomas Winzen, Tobias Lenz, Jofre Rocabert, Loriana Crasnic, Cristina Gherasimov, Jana Lipps, Densua Mumford, The Rise of International Parliaments: Strategic Legitimat","authors":"J. Jaskiernia","doi":"10.31268/ps.2022.120","DOIUrl":"https://doi.org/10.31268/ps.2022.120","url":null,"abstract":"The reviewed book concerns important issues related to the international activity of parliamentarians. The authors show the theoretical aspects of the activities of international parliaments and other international parliamentary institutions. They focused in particular on the importance of this activity for ensuring strategic legitimacy. They argue that international organizations establish international parliamentary institutions to legitimate themselves by creating the appearance of democratic governance. In addition to theoretical lectures, case studies were presented, showing parliamentary dimension of the individual international organizations (including e.g. the European Union, OSCE, the Commonwealth of Independent States, Andean Community, the East African Community and Mercosur). The work makes a significant contribution to getting to know the specifics of international parliamentary organizations and showing the conditions for undertaking parliamentary diplomacy.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347037","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The author analyses, on the basis of the parliamentary instructions from the times of the Great Sejm, the attitudes of the Masovian regional assemblies towards one of the key issues of the systemic reform of the electoral monarchy, i.e. the establishment of the hereditary throne in the Republic of Poland. He discusses, differentiates and attempts to explain the reasons for the political behaviour of the nobility from the various lands. The author tries to prove thesis that the vivente rege election in Masovia was adopted as a one-off solution, forced by the political situation of the state. He presents the little-known but original election reform projects put forward by the Masovian nobility. The author explains the reluctance of the Masovian regional assemblies to establish a hereditary throne not by the stereotype of dark and conservative Masovians exposed in historiography, but most of all by the fear that due to economic weakness, the Masovian nobility would lose a significant part of its political importance along with the deprivation of the right to elections.
{"title":"Sejmiki mazowieckie wobec kwestii sposobu powoływania monarchy w Rzeczypospolitej w okresie Sejmu Wielkiego","authors":"Jakub Groszkowski","doi":"10.31268/ps.2022.125","DOIUrl":"https://doi.org/10.31268/ps.2022.125","url":null,"abstract":"The author analyses, on the basis of the parliamentary instructions from the times of the Great Sejm, the attitudes of the Masovian regional assemblies towards one of the key issues of the systemic reform of the electoral monarchy, i.e. the establishment of the hereditary throne in the Republic of Poland. He discusses, differentiates and attempts to explain the reasons for the political behaviour of the nobility from the various lands. The author tries to prove thesis that the vivente rege election in Masovia was adopted as a one-off solution, forced by the political situation of the state. He presents the little-known but original election reform projects put forward by the Masovian nobility. The author explains the reluctance of the Masovian regional assemblies to establish a hereditary throne not by the stereotype of dark and conservative Masovians exposed in historiography, but most of all by the fear that due to economic weakness, the Masovian nobility would lose a significant part of its political importance along with the deprivation of the right to elections.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347395","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Article 2 of the Constitution of the Republic of Poland invokes the idea of social justice without specifying its understanding. The present analysis deals with the problems of characterising it as equality of opportunities (possibilities) in the form of luck egalitarianism. Based on hypothetical examples, we have attempted to show that the social justice, which consists in the enforcement of equal rights, whether they are maximalist or merely positive, faces serious theoretical obstacles. The article contains three main theses. The first thesis is that it is impossible to enforce equal rights in maximalist terms. The second thesis states that the luck egalitarian project of equalizing opportunities for the younger generation by redistributing resources seized through the liquidation of inheritances shows the incoherence of the rules of justice. The third thesis is that luck egalitarianism violates the principle of consistency. For the above reasons, such an understanding of social justice as equality of opportunity in the form of luck egalitarianism should be excluded from the interpretation of Article 2 of the Polish Constitution.
{"title":"Sprawiedliwość społeczna jako równość szans w postaci egalitaryzmu trafu","authors":"Andrzej Stoiński","doi":"10.31268/ps.2022.129","DOIUrl":"https://doi.org/10.31268/ps.2022.129","url":null,"abstract":"Article 2 of the Constitution of the Republic of Poland invokes the idea of social justice without specifying its understanding. The present analysis deals with the problems of characterising it as equality of opportunities (possibilities) in the form of luck egalitarianism. Based on hypothetical examples, we have attempted to show that the social justice, which consists in the enforcement of equal rights, whether they are maximalist or merely positive, faces serious theoretical obstacles. The article contains three main theses. The first thesis is that it is impossible to enforce equal rights in maximalist terms. The second thesis states that the luck egalitarian project of equalizing opportunities for the younger generation by redistributing resources seized through the liquidation of inheritances shows the incoherence of the rules of justice. The third thesis is that luck egalitarianism violates the principle of consistency. For the above reasons, such an understanding of social justice as equality of opportunity in the form of luck egalitarianism should be excluded from the interpretation of Article 2 of the Polish Constitution.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347514","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Nowadays, constitutional courts, by applying constitutional provisions, resolve disputes involved in the most controversial moral and social issues and thus change legal orders. This happens not only on the basis of provisions directly protecting the fundamental rights and freedoms of individuals (human rights), but also on the basis of other constitutional provisions containing evaluative concepts. Given the axiological openness or aspiration of constitutional acts, one may ask whether the adoption of a position affirming (I) the existence of natural law and affirming (II) the requirement of the compatibility of positive law with natural law, has consequences for the interpretation and application of constitutional provisions. In particular, whether – in the light of natural law – a judge of a constitutional court, when interpreting a constitutional act, may refer directly to moral reasoning and his/her own understanding of natural law. In seeking the answer to this question, the author distinguishes three model theoretical positions: (1) a moral reading of the constitution; (2) a positivist reading of the constitution, and (3) an intermediate position. These positions can be illustrated by the jurisprudence of constitutional courts regarding the permissibility of abortion. While asserting the advantages of the positivist model, the author raises doubts about the feasibility of its implementation. For it may turn out that judges are confronted with the abstract terminology of the constitutional act and, at the same time, with the practical impossibility to precisely reconstruct the axiology of the constitution-maker underlying this terminology with the help of analytical legal tools.
{"title":"Sprawiedliwość a wykładnia postanowień konstytucyjnych. Dylematy sędziego jusnaturalisty","authors":"P. Łącki","doi":"10.31268/ps.2022.141","DOIUrl":"https://doi.org/10.31268/ps.2022.141","url":null,"abstract":"Nowadays, constitutional courts, by applying constitutional provisions, resolve disputes involved in the most controversial moral and social issues and thus change legal orders. This happens not only on the basis of provisions directly protecting the fundamental rights and freedoms of individuals (human rights), but also on the basis of other constitutional provisions containing evaluative concepts. Given the axiological openness or aspiration of constitutional acts, one may ask whether the adoption of a position affirming (I) the existence of natural law and affirming (II) the requirement of the compatibility of positive law with natural law, has consequences for the interpretation and application of constitutional provisions. In particular, whether – in the light of natural law – a judge of a constitutional court, when interpreting a constitutional act, may refer directly to moral reasoning and his/her own understanding of natural law. In seeking the answer to this question, the author distinguishes three model theoretical positions: (1) a moral reading of the constitution; (2) a positivist reading of the constitution, and (3) an intermediate position. These positions can be illustrated by the jurisprudence of constitutional courts regarding the permissibility of abortion. While asserting the advantages of the positivist model, the author raises doubts about the feasibility of its implementation. For it may turn out that judges are confronted with the abstract terminology of the constitutional act and, at the same time, with the practical impossibility to precisely reconstruct the axiology of the constitution-maker underlying this terminology with the help of analytical legal tools.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347541","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The aim of the article is to define the boundaries of the prerogative of pardon in the Ukrainian legal system in terms of the objective and subjective aspects from the constitutional point of view and the decree of the President of Ukraine on the application of the prerogative of pardon. This decree significantly restricts the decision-making freedom of the head of state in making decisions on the application of the prerogative of pardon, which raises doubts as to the compliance of the adopted solution with the fundamental law. The article compares the constitutional approach to the prerogative of pardon with the solutions adopted in the decree in order to answer the question whether they are consistent with the essence and nature of the presidential prerogative of pardon under the constitution.
{"title":"Prezydenckie prawo łaski w ukraińskim systemie prawa – zakres i wykonywanie","authors":"Katarzyna Kaczmarczyk-Kłak","doi":"10.31268/ps.2022.153","DOIUrl":"https://doi.org/10.31268/ps.2022.153","url":null,"abstract":"The aim of the article is to define the boundaries of the prerogative of pardon in the Ukrainian legal system in terms of the objective and subjective aspects from the constitutional point of view and the decree of the President of Ukraine on the application of the prerogative of pardon. This decree significantly restricts the decision-making freedom of the head of state in making decisions on the application of the prerogative of pardon, which raises doubts as to the compliance of the adopted solution with the fundamental law. The article compares the constitutional approach to the prerogative of pardon with the solutions adopted in the decree in order to answer the question whether they are consistent with the essence and nature of the presidential prerogative of pardon under the constitution.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"35 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69348191","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The commented judgement concerns the consequences of an appointment to the office of a judge in a procedure that may have been affected by a legal defect. In the judgement in question the Supreme Administrative Court held that a judge or an assistant judge of an administrative court appointed by the President of the Republic of Poland is a(n) (assistant) judge in the Republic of Poland and a European judge within the meaning of the EU Treaties and Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms even if the procedure preceding the appointment may have been defective (a potentially legally defective procedure). Agreeing with the aforementioned view, the author notes that, firstly, the definitive nature of judicial appointments made by the President of the Republic of Poland does not, according to the case law of the European Court of Human Rights in Strasbourg and of the Court of Justice of the European Union, provide an answer to the question whether each judge provides sufficient guarantees of independence and impartiality due to the procedure pursuant to which she or he was appointed. Secondly, the in abstracto test taken into account in some judgements of both Courts (examining the law as regards the legality of the appointments of judges) assessing the independence and impartiality of judges and whether a court is established by law, as opposed to the in concreto test applied in some other judgments of both Courts (concerning the conduct of a given judge in a given case, precluding the questioning of judgements solely on the ground that they were issued by persons appointed at the request of the current National Council of the Judiciary), infringes the principle of legal certainty, which constitutes an element of the rule of law. Thirdly, such dualism in European jurisprudence consequently leads to a destabilisation of the judicial system, which is opposed by the judgement under comment.
{"title":"Konsekwencje powołania do pełnienia urzędu sędziego w procedurze, która mogła być dotknięta wadą prawną. Glosa do Wyroku Naczelnego Sądu Administracyjnego z dnia 4 listopada 2021 r., sygn. akt III FSK 3626/21","authors":"Waldemar Gontarski","doi":"10.31268/ps.2022.156","DOIUrl":"https://doi.org/10.31268/ps.2022.156","url":null,"abstract":"The commented judgement concerns the consequences of an appointment to the office of a judge in a procedure that may have been affected by a legal defect. In the judgement in question the Supreme Administrative Court held that a judge or an assistant judge of an administrative court appointed by the President of the Republic of Poland is a(n) (assistant) judge in the Republic of Poland and a European judge within the meaning of the EU Treaties and Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms even if the procedure preceding the appointment may have been defective (a potentially legally defective procedure). Agreeing with the aforementioned view, the author notes that, firstly, the definitive nature of judicial appointments made by the President of the Republic of Poland does not, according to the case law of the European Court of Human Rights in Strasbourg and of the Court of Justice of the European Union, provide an answer to the question whether each judge provides sufficient guarantees of independence and impartiality due to the procedure pursuant to which she or he was appointed. Secondly, the in abstracto test taken into account in some judgements of both Courts (examining the law as regards the legality of the appointments of judges) assessing the independence and impartiality of judges and whether a court is established by law, as opposed to the in concreto test applied in some other judgments of both Courts (concerning the conduct of a given judge in a given case, precluding the questioning of judgements solely on the ground that they were issued by persons appointed at the request of the current National Council of the Judiciary), infringes the principle of legal certainty, which constitutes an element of the rule of law. Thirdly, such dualism in European jurisprudence consequently leads to a destabilisation of the judicial system, which is opposed by the judgement under comment.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Association of Southeast Asian Nations (ASEAN) remains the only significant integration organisation in the Southeast Asia. Despite the ongoing process of integration of member states, this consolidation has been relatively late in embracing issues related to the protection of fundamental rights. The subject of translation is the ASEAN Human Rights Declaration (AHRD) adopted on 18 November 2012 by the Association of Southeast Asian Nations. The document in question may in the future lay the foundations for the Asian human rights protection system based on non-European values. Indeed, the presentation of fundamental rights in this document is different from that found in the European human rights system. Particularly noteworthy is the linkage made by it between fundamental rights and the performance of duties that each person has towards the community. The document recognises the existence of some of the so-called collective human rights (right to development, right to peace). The Declaration also devotes considerable space to social rights. Finally, and perhaps most importantly, it points out that the idea of human rights must take into account and respect the different models of political, social and economic system, cultural and religious differences and the different historical experiences of each country. This seems extremely valuable in view of the instrumentalisation of human rights as a tool of political pressure that sometimes takes place.
{"title":"Deklaracja praw człowieka Stowarzyszenia Narodów Azji Południowo-Wschodniej, Phnom Penh, 18 listopada 2012 r.","authors":"Andrzej Pogłódek","doi":"10.31268/ps.2022.160","DOIUrl":"https://doi.org/10.31268/ps.2022.160","url":null,"abstract":"The Association of Southeast Asian Nations (ASEAN) remains the only significant integration organisation in the Southeast Asia. Despite the ongoing process of integration of member states, this consolidation has been relatively late in embracing issues related to the protection of fundamental rights. The subject of translation is the ASEAN Human Rights Declaration (AHRD) adopted on 18 November 2012 by the Association of Southeast Asian Nations. The document in question may in the future lay the foundations for the Asian human rights protection system based on non-European values. Indeed, the presentation of fundamental rights in this document is different from that found in the European human rights system. Particularly noteworthy is the linkage made by it between fundamental rights and the performance of duties that each person has towards the community. The document recognises the existence of some of the so-called collective human rights (right to development, right to peace). The Declaration also devotes considerable space to social rights. Finally, and perhaps most importantly, it points out that the idea of human rights must take into account and respect the different models of political, social and economic system, cultural and religious differences and the different historical experiences of each country. This seems extremely valuable in view of the instrumentalisation of human rights as a tool of political pressure that sometimes takes place.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
As a general rule on the territorial scope of treaties, the Vienna Convention on the Law of Treaties of 1969 assumes that a treaty binds each party in respect of its entire territory. However, this is only a presumption, as any party may decide otherwise. In the second half of the 1990s, the European Union concluded the Euro-Mediterranean Association Agreements with Israel and Morocco, which contain in their content, a very generally worded territorial clause, according to which they apply to the territory of the European Union, and Israel or Morocco. However, this seemingly clear and precise rule has in practice caused numerous problems in bilateral relations between the European Union and Israel and between the European Union and Morocco. The purpose of this paper is firstly, to characterise the territorial scope of the Treaties in the light of the case law of the Court of Justice of the European Union, both in theory and in practice, using the example of the trade agreements concluded by the European Union with Israel and Morocco. Secondly, to point out that in practice this scope is much broader, as it includes “third” territories such as those of the West Bank and Gaza Strip. Thirdly, to answer the question whether this practice is compatible with the obligations to respect the principles of the United Nations Charter and international law imposed on the European Union by Articles 3(5) and 21(1) of the Treaty on European Union.
{"title":"Zakres terytorialny stosowania umów handlowych Unii Europejskiej – pomiędzy teorią a praktyką. Uwagi w świetle orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej","authors":"Adriana Kalicka-Mikołajczyk","doi":"10.31268/ps.2022.162","DOIUrl":"https://doi.org/10.31268/ps.2022.162","url":null,"abstract":"As a general rule on the territorial scope of treaties, the Vienna Convention on the Law of Treaties of 1969 assumes that a treaty binds each party in respect of its entire territory. However, this is only a presumption, as any party may decide otherwise. In the second half of the 1990s, the European Union concluded the Euro-Mediterranean Association Agreements with Israel and Morocco, which contain in their content, a very generally worded territorial clause, according to which they apply to the territory of the European Union, and Israel or Morocco. However, this seemingly clear and precise rule has in practice caused numerous problems in bilateral relations between the European Union and Israel and between the European Union and Morocco. The purpose of this paper is firstly, to characterise the territorial scope of the Treaties in the light of the case law of the Court of Justice of the European Union, both in theory and in practice, using the example of the trade agreements concluded by the European Union with Israel and Morocco. Secondly, to point out that in practice this scope is much broader, as it includes “third” territories such as those of the West Bank and Gaza Strip. Thirdly, to answer the question whether this practice is compatible with the obligations to respect the principles of the United Nations Charter and international law imposed on the European Union by Articles 3(5) and 21(1) of the Treaty on European Union.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69367330","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A review of Krzysztof Pałecki’s latest monograph “Theory of Power”. The conception of the work, its original composition expressed in the structure, as well as distinctive features distinguishing the work on the Polish publishing market are discussed. Elements making the work difficult to perceive (the use of bullet points, the lack of a clearly marked ending) are also pointed out. The work is worth reviewing due to its innovative contribution to the social sciences, especially in considering the theory of power.
Krzysztof Pałecki最新专著《权力理论》述评。讨论了作品的构思、结构中所表达的原创成分，以及作品在波兰出版市场上的鲜明特征。还指出了使作品难以理解的元素(使用项目符号，缺乏明确标记的结尾)。由于其对社会科学的创新贡献，特别是在考虑权力理论方面，这项工作值得回顾。
{"title":"Czego jeszcze nie wiemy o władzy? Analiza subiektywna Recenzja publikacji: Krzysztof Pałecki, Teoria władzy","authors":"Agnieszka Kasińska-Metryka","doi":"10.31268/ps.2022.132","DOIUrl":"https://doi.org/10.31268/ps.2022.132","url":null,"abstract":"A review of Krzysztof Pałecki’s latest monograph “Theory of Power”. The conception of the work, its original composition expressed in the structure, as well as distinctive features distinguishing the work on the Polish publishing market are discussed. Elements making the work difficult to perceive (the use of bullet points, the lack of a clearly marked ending) are also pointed out. The work is worth reviewing due to its innovative contribution to the social sciences, especially in considering the theory of power.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347666","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article presents the results of a mainly qualitative study of the speeches of deputies at the sittings of the Sejm of the Republic of Poland between 1997 and 2021 in terms of MPs’ references to natural law. On the basis of the Sejm transcripts, the deputies’ understanding of natural law and their perception of the relationship between this law and the statutory law were determined; examples of legal norms and rights that were assigned the natural law status were indicated, as well as the argumentative role of references to natural law in the parliamentary debate was presented. While approving the use of jusnaturalist argumentation in parliamentary discourse, the author also raised some reservations as to the practice of using this conceptual category by deputies. He also listed possible reasons for the gradual decrease in the number of cases of invoking natural law in the speeches of deputies at the sittings of the Sejm of the Republic of Poland in subsequent terms.
{"title":"Odwołania do prawa naturalnego w wystąpieniach posłów na posiedzeniach Sejmu Rzeczypospolitej Polskiej","authors":"Grzegorz Maroń","doi":"10.31268/ps.2022.142","DOIUrl":"https://doi.org/10.31268/ps.2022.142","url":null,"abstract":"The article presents the results of a mainly qualitative study of the speeches of deputies at the sittings of the Sejm of the Republic of Poland between 1997 and 2021 in terms of MPs’ references to natural law. On the basis of the Sejm transcripts, the deputies’ understanding of natural law and their perception of the relationship between this law and the statutory law were determined; examples of legal norms and rights that were assigned the natural law status were indicated, as well as the argumentative role of references to natural law in the parliamentary debate was presented. While approving the use of jusnaturalist argumentation in parliamentary discourse, the author also raised some reservations as to the practice of using this conceptual category by deputies. He also listed possible reasons for the gradual decrease in the number of cases of invoking natural law in the speeches of deputies at the sittings of the Sejm of the Republic of Poland in subsequent terms.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69347893","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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