Constitution of Poland

A Contextual Analysis

AvMiroslaw Granat,Katarzyna Granat

Häftad, Engelska, 2021

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Beskrivning

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.

Produktinformation

Utgivningsdatum:2021-06-17
Mått:134 x 214 x 18 mm
Vikt:380 g
Format:Häftad
Språk:Engelska
Serie:Constitutional Systems of the World
Antal sidor:296
Förlag:Bloomsbury Publishing PLC
ISBN:9781509952205

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Mer om författaren

Miroslaw Granat is Professor of Constitutional Law at Cardinal Stefan Wyszynski University, Warsaw. He served as a Judge at the Polish Constitutional Court from 2007 to 2016.Katarzyna Granat is Junior Research Fellow and Marie Curie Fellow at Durham Law School.

Innehållsförteckning

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 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