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Osobliwy sąd. Idea sądownictwa konstytucyjnego w kontekstach rządów prawa, demokracji i praw jednostki
Idea sądownictwa konstytucyjnego wciąż jest przedmiotem sporów na płaszczyźnie nauki prawa i filozofii polityki, a także w sferze czysto politycznej. Przynajmniej częściowo wynika to ze specyfiki czy wręcz tytułowej „osobliwości” judicial review. Opowiedzenie się za sądową kontrolą konstytucyjności bądź przeciw niej wiąże się z określoną wizją konstytucjonalizmu, będącą z kolei pochodną konceptualnego ustrukturyzowania idei rządów prawa, demokracji i praw jednostki. Celem prezentowanej książki jest rekonstrukcja, analiza i krytyczna refleksja dotycząca związku sądownictwa konstytucyjnego z tymi trzema ideami, które – paradoksalnie – nie tworzą ap...
Poland's Constitutional Breakdown
Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return ...
Constitutionalism Under Stress
This volume brings together leading scholars of comparative constitutional law to reflect on current challenges to liberal constitutionalism and democratic governance, as inspired by the work of Professor Wojciech Sadurski.
Constitutional Public Reason
Public reason, which urges that only laws based on principles reasonably agreeable to all those bound by them are legitimate, has rarely been applied to constitutional law, and never in a comparative way. This book aspires to fill that gap, by studying the use of public reason in different constitutional systems. In doing so, it studies public reason both as a normative idea - as a principle postulated for democratic constitutionalism, and as a descriptive account - as helping to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world, and also in the supranational sphere. Constitutional Public Reason questions the performance...
Rights Before Courts
Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines carefully the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny against the background of a wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. He shows that, in the region of Central and Eastern Europe, their record in p...
Poland's Constitutional Breakdown
Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return ...
Compensation for Wrongful Convictions
This book presents a comprehensive comparative analysis of the substantive and procedural aspects of compensation for wrongful convictions in European countries and the USA, as well as the standard derived from the case law of the European Court of Human Rights. The collection draws comparative conclusions as to the similarities and differences between selected jurisdictions and assesses the effectiveness of the national compensation schemes. This enables the designing of an optimum model of compensation, offering accessibility and effectiveness to the victims of miscarriages of justice and being acceptable to jurisdictions based on common law, and civil law traditions, as well as inquisitorial and adversarial types of criminal process. Moreover, the discussion of the minimum European standard as established in the case law of the European Court of Human Rights enables readers to identify how the Strasbourg Court can contribute to strengthening the compensation scheme. The book will be essential reading for students, academics and policymakers working in the areas of criminal law and procedure.
Domus Bolezlai
Focused on the formative force of national identity for the Poles the transmission of values the book offers a tour of a huge set of primary sources from the period 966-1138 in search of the traditions of the Piasts the ruling dynasty of Poland.
