Format:
1 Online-Ressource (xxxiv, 262 pages)
,
Diagramme
Edition:
First edition
ISBN:
9781509913978
,
9781509913961
,
1509913947
Series Statement:
Constitutional systems of the world
Content:
"This book focuses on the Polish Constitution of 1997, concentrating on its structure, its substance and some of the institutional choices made by the drafters. The core of the Constitution is similar to other liberal democratic constitutions, but, in addition, it regulates a number of issues ́€" such as public finances and sources of law ́€" that are new to Polish constitutionalism and to constitutionalism in general. It considers in a detailed manner certain institutional choices made in the Constitution, such as the bicameral parliament, the peculiar structure of the executive branch, as well as the principle of independence of courts and judges, fundamental rights and local government. The book is a vital resource for all those interested in Poland's Constitution, and the rich comparative constitutional insights the country offers. In addition to explaining the 1997 Constitution in its political, historical, and social context, the book tackles the radical changes, in particular within the judicial branch, introduced by the new governing majority since 2015. These new regulations, constitutional in character, but without formally changing the Constitution, challenged the rule of law, a key component of membership in the European Union. Despite the negative nature of these recent developments, the anchoring of Polish constitutional law in European constitutionalism presents a source of optimism that the 1997 Constitution will regain its position as the supreme law of the state."--
Content:
1. Polish Constitutional History and Tradition -- I. Introduction -- II. Independence and Republicanism -- III. Democratic Tradition -- IV. Freedom in Polish Constitutionalism -- V. The Evolution of Human Rights in Poland -- VI. The Development ́€" and Crisis ́€" of Constitutional Review -- VII. Conclusion -- 2. The Fundamental Principles of the Polish Constitution -- I. Introduction -- II. Key Principles of the Polish Constitution -- III. Sources of Law -- IV. The Functioning of the Constitution without a Formal Amendment -- V. Conclusion -- 3. Parliament -- I. Introduction -- II. The Electoral System and the Composition of Parliament -- III. The Impact of Political Parties on the Parliament -- IV. The Functioning of Parliament in the Presence of Majority Governments and Weak Bicameralism -- V. The Parliament and European Integration -- VI. The Future of Poland's Second Chamber -- VII. Conclusion -- 4. The Executive -- I. Introduction -- II. The President -- III. The Council of Ministers and Government Administration -- IV. Conclusion -- 5. Judicial Power -- I. Introduction -- II. The Constitutional Structure of the Polish Courts -- III. Independent Courts and Independent Judges as the Backbone of Judicial Power -- IV. National Judges as EU Judges -- V. Conclusion -- 6. Constitutional Review and Constitutional Accountability -- I. Introduction -- II. The Constitutional Court -- III. Constitutional Accountability (Tribunal of State) -- IV. Conclusion -- 7. Local Governance -- I. Between a Civil Society and a Political State -- II. Citizens as the Beneficiaries of Local Self-Government -- III. Self-Government and Government Administration at the Local Level -- IV. Difficulties in Oversight of Local Self-Government -- V. Local Self-Government in the EU -- VI. Conclusion -- 8. Constitutional Freedoms and Rights -- I. Introduction -- II. Three Bills of Rights -- III. General Principles of Human Rights in Poland -- IV. The Limited Scope of Individual Obligations -- V. The Mechanisms of Protection of Fundamental Rights.
Content:
VI. Conclusion -- 9. Facing the Future -- I. Introduction -- II. The Constitution in Action -- III. The EU's Response to the Judicial Crisis -- IV. Constitutional Amendment Proposals under Discussion -- V. The Role of Constitutional Identity in the Battle for the Constitution -- VI. Conclusion.
Note:
Abstract freely available; full-text restricted to individual document purchasers
Additional Edition:
ISBN 9781509913947
Additional Edition:
Erscheint auch als Druck-Ausgabe Granat, Mirosław, 1956 - The constitution of Poland Oxford : Hart, 2019 ISBN 9781509913947
Additional Edition:
ISBN 1509913947
Language:
English
Subjects:
Law
Keywords:
Polen
;
Verfassungsrecht
;
Electronic books
DOI:
10.5040/9781509913978
Author information:
Granat, Mirosław 1956-
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