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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...
Legal dispute over the Constitutional Court in Poland
The strengthening of the position of courts was, to a large extent, the result of the creation and rapid development of constitutional justice. It has made the power that was “in some measure, next to nothing” a real power, and the apolitical placement of courts changed into a political one, or at least one leading to serious political repercussions.… There is no doubt today that courts are a branch of power in the full sense of the word, and some even point out that because of constitutional justice they have become de facto the first power. From the position of a passive power, they have changed their placement, mainly owing to constitutional justice, to that of an active power, whic...
Comparative Law in Eastern and Central Europe
Comparative law is a research methodology which has been increasingly fashionable in recent decades, as comparisons between common law and civil law have dominated the law studies landscape. There are many methods of comparative law in use, including comparison of legal rules, comparison of cases, and comparison of legal theories. Each of these methods has strong proponents and opponents. Dogmatic comparisons of rules are criticized for not giving the whole picture of law in action, but praised for being the first and the only truly legal step in comparative research. Case-based comparisons are praised for enabling us to compare the true understanding of rules by courts, yet the critics of t...
Proportionality in Action
A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
Utopia or Chance?
Due to the challenges that modern representative democracy is facing, citizens and politicians of various countries are looking for new solutions and ways to ensure the optimal functioning of their political and decision making system. In this context, Switzerland appears to be a country relatively immune to the current crisis. Why is that? As a direct democracy where the rule of the people remains the fundamental principle, it provides its citizens with instruments: referendum, popular initiative, popular veto, which allow them to resolve any problems that arise both on the national and local level. The essential characteristic of the Swiss system, which is also its main strength, is that unlike other European democracies it grants its citizens full power over their homeland, making them the actual sovereign. The author discusses various aspects of the Swiss model of democracy and suggests that it offers the best solutions for the optimal development of any country. It is the first work on this subject, it is certainly worth reading!
From Old Times to New Europe
From Old Times to New Europe considers the post-totalitarian legal framework in today's Europe, arguing that the study of totalitarianism and post-totalitarianism continues to be significant as ever. Drawing mainly on the Polish experience, this analysis focuses on the significant part played by history in the development of the region's identity and preferences concerning the role of the state in public and private life. It examines the political, socio-economic and legal aspects of key events and draws comparisons with other CEE states, whilst implementing key socio-legal theories to explain trends and strains in this post-Communist and post-totalitarian period. With the benefit of access to archival sources in Poland and Russia, this book will be of interest to students and researchers of European law, law and society and international criminal justice.
Meritum adwokata i adwokatki
Rozmowa z dr Katarzyną Gajowniczek-Pruszyńską, adwokatką, wicedziekan Okręgowej Rady Adwokackiej w Warszawie i redaktorką naukową publikacji „Meritum adwokata i adwokatki”. Zapraszamy! Poradnik przedstawia wszystkie praktyczne aspekty wykonywania zawodu adwokata w Polsce. Jest dziełem ponad 30 autorek i autorów – wybitnych specjalistów, przedstawicieli tej profesji. Z „Meritum adwokata i adwokatki” dowiesz się między innymi: Jak założyć i prowadzić kancelarię? Publikacja zawiera praktyczne wskazówki, w których autorzy dzielą się swoim doświadczeniem i radzą, jak skutecznie zarządzać kancelarią adwokacką. Jak podejmować skuteczne działania marketingowe? ...
