This article aims to examine to what extent the legislative process in the Japanese Diet has conformed to the majoritarian or the consensual model. The author pays attention to the constitutional determinants of the functioning of both houses of the parliament and the unwritten traditions stemming from the political culture. While such factors as the lack of the government’s direct control over the scheduling of parliamentary sessions, high autonomy of parliamentary committees, bicameralism, and limited length of parliamentary sessions compelled the ruling parties to seek consensus with the opposition, the government also possessed many instruments of imposing its will on lawmakers. This article analyses the institutional, cultural, and historical reasons for this complex situation, emphasising the evolution of the legislative practices depending on the balance of power in the Diet and the degree of governmental control over the ruling party.
{"title":"Między modelem majorytarnym a konsensualnym: przypadek japońskiej władzy ustawodawczej","authors":"K. Żakowski","doi":"10.31268/ps.2022.104","DOIUrl":"https://doi.org/10.31268/ps.2022.104","url":null,"abstract":"This article aims to examine to what extent the legislative process in the Japanese Diet has conformed to the majoritarian or the consensual model. The author pays attention to the constitutional determinants of the functioning of both houses of the parliament and the unwritten traditions stemming from the political culture. While such factors as the lack of the government’s direct control over the scheduling of parliamentary sessions, high autonomy of parliamentary committees, bicameralism, and limited length of parliamentary sessions compelled the ruling parties to seek consensus with the opposition, the government also possessed many instruments of imposing its will on lawmakers. This article analyses the institutional, cultural, and historical reasons for this complex situation, emphasising the evolution of the legislative practices depending on the balance of power in the Diet and the degree of governmental control over the ruling party.","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":"69346724","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}
At the early 1860s, the Habsburg Monarchy underwent a period of a profound reforms. These resulted in the birth of a constitutional monarchy and modern parliamentarism. Bodies of self-government were established in the individual provinces of the state. In Galicia, the National Sejm and the National Department, which was the executive organ of the Sejm, were established. Both of these institutions were headed by the Galician National Marshal, who in theory held the highest position in the Galician self-government, but in reality, had very limited powers. The actual rule in the province was exercised by the royal-imperial governor. Until the very end of the Habsburg Monarchy the Polish politicians unsuccessfully tried to raise the status of the office of National Marshal. They even failed to introduce the principle of his election by the Sejm. In total, 11 people held the post of National Marshal. It is a certain phenomenon that this institution survived the Habsburg Monarchy. The last National Marshal had to resign from the office in 1920.
{"title":"Najwyższy dostojnik autonomii. Instytucja marszałka krajowego w Galicji (1861–1920)","authors":"Damian Szymczak","doi":"10.31268/ps.2022.115","DOIUrl":"https://doi.org/10.31268/ps.2022.115","url":null,"abstract":"At the early 1860s, the Habsburg Monarchy underwent a period of a profound reforms. These resulted in the birth of a constitutional monarchy and modern parliamentarism. Bodies of self-government were established in the individual provinces of the state. In Galicia, the National Sejm and the National Department, which was the executive organ of the Sejm, were established. Both of these institutions were headed by the Galician National Marshal, who in theory held the highest position in the Galician self-government, but in reality, had very limited powers. The actual rule in the province was exercised by the royal-imperial governor. Until the very end of the Habsburg Monarchy the Polish politicians unsuccessfully tried to raise the status of the office of National Marshal. They even failed to introduce the principle of his election by the Sejm. In total, 11 people held the post of National Marshal. It is a certain phenomenon that this institution survived the Habsburg Monarchy. The last National Marshal had to resign from the office in 1920.","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":"69346974","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 this article is to compare the political position of the president in the parliamentary and authoritarian system of interwar Lithuania and the semi-presidential system of contemporary Lithuania. The analysis covers the regulations of three Lithuanian constitutions – those of 1922, 1928 and 1992. Such a strategy seems to be of great cognitive value, as it allows to show the differences and similarities, as well as the evolution of the role of the President in different periods of the Republic of Lithuania. The article assesses the most important legal provisions concerning the political position of the Head of State. The subject under study is still relevant, since Lithuania, as in the period of its first independence until 1926, adopted the same political system, restoring its pre-war solutions (including reactivating the institution of the Head of State). Both the current semi-presidential model of the Second Republic of Lithuania and the parliamentary model of the First Republic of Lithuania until 1926 represent the same type of democracy as a parliamentary system (with the superior role of the Sejm in the system of power).
{"title":"Pozycja ustrojowa prezydenta w konstytucjach Litwy z 1922, 1928 i 1992 r.","authors":"Martinas Malužinas","doi":"10.31268/ps.2022.134","DOIUrl":"https://doi.org/10.31268/ps.2022.134","url":null,"abstract":"The aim of this article is to compare the political position of the president in the parliamentary and authoritarian system of interwar Lithuania and the semi-presidential system of contemporary Lithuania. The analysis covers the regulations of three Lithuanian constitutions – those of 1922, 1928 and 1992. Such a strategy seems to be of great cognitive value, as it allows to show the differences and similarities, as well as the evolution of the role of the President in different periods of the Republic of Lithuania. The article assesses the most important legal provisions concerning the political position of the Head of State. The subject under study is still relevant, since Lithuania, as in the period of its first independence until 1926, adopted the same political system, restoring its pre-war solutions (including reactivating the institution of the Head of State). Both the current semi-presidential model of the Second Republic of Lithuania and the parliamentary model of the First Republic of Lithuania until 1926 represent the same type of democracy as a parliamentary system (with the superior role of the Sejm in the system 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":"69347715","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}
Referring to arguments of a dogmatic-doctrinal nature, pointing to successive substantive-legal solutions and, finally, citing the conclusions of jurisprudential practice (national courts, ECHR, CJEU), the author points to the progressive secularisation of labour law in the French Republic. This secularisation has already completely embraced the public sphere and is now also encroaching more and more dynamically on the scope of labour relations in private enterprises.
{"title":"Proces laicyzacji francuskiego prawa pracy","authors":"Jacek Falski","doi":"10.31268/ps.2022.138","DOIUrl":"https://doi.org/10.31268/ps.2022.138","url":null,"abstract":"Referring to arguments of a dogmatic-doctrinal nature, pointing to successive substantive-legal solutions and, finally, citing the conclusions of jurisprudential practice (national courts, ECHR, CJEU), the author points to the progressive secularisation of labour law in the French Republic. This secularisation has already completely embraced the public sphere and is now also encroaching more and more dynamically on the scope of labour relations in private enterprises.","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":"69347829","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 purpose of this paper is to answer the question whether the members of precinct electoral commissions should be public officials. In this article, the author presents arguments for both an affirmative and a negative answer to this question. In the conducted research, the legal and historical method was used in order to show the legal regulations adopted during the Second Polish Republic. In addition, a linguistic and doctrinal method was used, in an effort to determine the wording of contemporary legal norms. The author hopes that the result of his research will prove valuable and useful for the purposes of further scientific discourse.
{"title":"Problem statusu prawnego członków obwodowych komisji wyborczych jako funkcjonariuszy publicznych","authors":"Radosław Zych","doi":"10.31268/ps.2022.144","DOIUrl":"https://doi.org/10.31268/ps.2022.144","url":null,"abstract":"The purpose of this paper is to answer the question whether the members of precinct electoral commissions should be public officials. In this article, the author presents arguments for both an affirmative and a negative answer to this question. In the conducted research, the legal and historical method was used in order to show the legal regulations adopted during the Second Polish Republic. In addition, a linguistic and doctrinal method was used, in an effort to determine the wording of contemporary legal norms. The author hopes that the result of his research will prove valuable and useful for the purposes of further scientific discourse.","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":"69347958","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 tabular structure of legal texts and the principles of their drafting result in the frequent use of various types of references, which has a negative impact on the comprehensibility of the law. As legal texts are nowadays drafted and made available in electronic format, it is reasonable to try to develop automated mechanisms for checking the correctness of references contained in these texts. The paper shows how a particular type of automated and dedicated information management mechanisms, offered by the so-called adaptive hypertexts, can be used for this purpose. The authors focus primarily on describing the specificity of this type of tools and on analyzing the possibilities, principles and prospects of their use in order to improve the quality of legal texts, in particular their comprehensibility.
{"title":"Perspektywy podnoszenia zrozumiałości tekstów aktów prawnych poprzez zmianę paradygmatu budowy struktury odesłań","authors":"Wojciech Cyrul, T. Pełech-Pilichowski","doi":"10.31268/ps.2022.84","DOIUrl":"https://doi.org/10.31268/ps.2022.84","url":null,"abstract":"The tabular structure of legal texts and the principles of their drafting result in the frequent use of various types of references, which has a negative impact on the comprehensibility of the law. As legal texts are nowadays drafted and made available in electronic format, it is reasonable to try to develop automated mechanisms for checking the correctness of references contained in these texts. The paper shows how a particular type of automated and dedicated information management mechanisms, offered by the so-called adaptive hypertexts, can be used for this purpose. The authors focus primarily on describing the specificity of this type of tools and on analyzing the possibilities, principles and prospects of their use in order to improve the quality of legal texts, in particular their comprehensibility.","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":"69367360","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 study presents the issue of criminal liability for a crime consisting in providing false information or concealing the truth in asset declaration of a deputy or senator. The author critically analyses categorisation of the crime, discusses the scope of criminalisation and the statutory limits of punishment. It is particularly controversial that a deputy or senator bears significantly more severe responsibility for providing false information or concealing the truth in the asset declaration than – for the same behaviour – other persons holding the highest state offices, e.g. the prime minister or ministers. The inconsistent regulations of the Polish legislator regarding the criminal liability of other public officials submitting asset declarations are also highly debatable. The author concludes that it is necessary to change the current regulations of criminal liability for providing false information or concealing the truth in the asset declaration of a deputy, senator and other public officials. The optimal solution would be to introduce to Chapter XXIX of the Penal Code a new type of crime – submitting a false asset declaration – with the possibility of classifying the perpetrator’s act as a minor offence.
{"title":"Odpowiedzialność karna za podanie nieprawdy lub zatajenie prawdy w oświadczeniu o stanie majątkowym posła lub senatora – uwagi de lege lata i postulaty de lege ferenda","authors":"S. Kowalski","doi":"10.31268/ps.2022.85","DOIUrl":"https://doi.org/10.31268/ps.2022.85","url":null,"abstract":"The study presents the issue of criminal liability for a crime consisting in providing false information or concealing the truth in asset declaration of a deputy or senator. The author critically analyses categorisation of the crime, discusses the scope of criminalisation and the statutory limits of punishment. It is particularly controversial that a deputy or senator bears significantly more severe responsibility for providing false information or concealing the truth in the asset declaration than – for the same behaviour – other persons holding the highest state offices, e.g. the prime minister or ministers. The inconsistent regulations of the Polish legislator regarding the criminal liability of other public officials submitting asset declarations are also highly debatable. The author concludes that it is necessary to change the current regulations of criminal liability for providing false information or concealing the truth in the asset declaration of a deputy, senator and other public officials. The optimal solution would be to introduce to Chapter XXIX of the Penal Code a new type of crime – submitting a false asset declaration – with the possibility of classifying the perpetrator’s act as a minor offence.","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":"69367365","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 judgement of the Constitutional Tribunal under discussion concerns the issue of taxation of real estate and buildings owned by natural persons conducting business activity. Natural persons conducting such activity act in two ways under the tax law – as entrepreneurs and as private persons in the field of personal property (not related to running a business). The problem with the taxation of property held by these entities results from Article 1a(1)(3) of the Act of 12 January 1991 on the Local Taxes and Fees, which, in its literal wording, does not take into account whether a given real estate is actually or can be potentially used for the purposes of conducted economic activity. The judgement in question is an interpretative ruling – it does not definitively resolve the problem of taxation of land, buildings and structures related to running a business.
{"title":"Glosa do Wyroku Trybunału Konstytucyjnego z dnia 24 lutego 2021 r., sygn. akt SK 39/19","authors":"Bogumił Pahl","doi":"10.31268/ps.2022.157","DOIUrl":"https://doi.org/10.31268/ps.2022.157","url":null,"abstract":"The judgement of the Constitutional Tribunal under discussion concerns the issue of taxation of real estate and buildings owned by natural persons conducting business activity. Natural persons conducting such activity act in two ways under the tax law – as entrepreneurs and as private persons in the field of personal property (not related to running a business). The problem with the taxation of property held by these entities results from Article 1a(1)(3) of the Act of 12 January 1991 on the Local Taxes and Fees, which, in its literal wording, does not take into account whether a given real estate is actually or can be potentially used for the purposes of conducted economic activity. The judgement in question is an interpretative ruling – it does not definitively resolve the problem of taxation of land, buildings and structures related to running a business.","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":"69367271","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 Mixed Member Proportional electoral system introduced in New Zealand in 1993 resulted in major changes to the political system. In a multi-party environment, government formation required cooperation between different political parties. Hence, single-party majority governments have been replaced by coalition governments, and support contracts emerged as a new form of an agreement made between parties in addition to or instead of the traditional coalition agreement. This book discusses coalition politics and government formation in New Zealand after 1993. It argues that support contracts, as an innovative form of cooperation between political parties in the government formation process question traditional government-opposition and minority government-majority government divides.
{"title":"Republika Czeska: Wyrok Sądu Konstytucyjnego Republiki Czeskiej z dnia 12 grudnia 2017 r. w sprawie o numerze 11/17","authors":"Tomasz Wieciech","doi":"10.31268/ps.2022.93","DOIUrl":"https://doi.org/10.31268/ps.2022.93","url":null,"abstract":"The Mixed Member Proportional electoral system introduced in New Zealand in 1993 resulted in major changes to the political system. In a multi-party environment, government formation required cooperation between different political parties. Hence, single-party majority governments have been replaced by coalition governments, and support contracts emerged as a new form of an agreement made between parties in addition to or instead of the traditional coalition agreement. This book discusses coalition politics and government formation in New Zealand after 1993. It argues that support contracts, as an innovative form of cooperation between political parties in the government formation process question traditional government-opposition and minority government-majority government divides.","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":"69367936","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 is devoted to the subject of the right of pardon in the Polish legal system. The study depicts the essence of the right of pardon and answers the question whether this right, as expressed in Article 139 of the Constitution of the Republic of Poland, can be realised only within the scope defined in Chapter 59 of the Code of Criminal Procedure, entitled “Clemency,” or if the term “right of pardon” has a wider meaning than “clemency,” e.g., so as to permit application by the President of the Republic of Poland, at every stage of the proceedings, of so called individual right of pardon. Moreover, the article discusses the latest case-law of the Supreme Court and the Constitutional Tribunal on the right of pardon and formulates a number of postulates de lege ferenda regarding the analysed question.
{"title":"Instytucja prawa łaski – de lege lata i de lege ferenda","authors":"Piotr Kruszyński","doi":"10.31268/ps.2022.101","DOIUrl":"https://doi.org/10.31268/ps.2022.101","url":null,"abstract":"The article is devoted to the subject of the right of pardon in the Polish legal system. The study depicts the essence of the right of pardon and answers the question whether this right, as expressed in Article 139 of the Constitution of the Republic of Poland, can be realised only within the scope defined in Chapter 59 of the Code of Criminal Procedure, entitled “Clemency,” or if the term “right of pardon” has a wider meaning than “clemency,” e.g., so as to permit application by the President of the Republic of Poland, at every stage of the proceedings, of so called individual right of pardon. Moreover, the article discusses the latest case-law of the Supreme Court and the Constitutional Tribunal on the right of pardon and formulates a number of postulates de lege ferenda regarding the analysed question.","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":"69346602","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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