Zasada suwerenności i kontrola w III RP na tle Unii Europejskiej
Principle of Sovereignty in Poland on the Background of the European Union
Author(s): Andrzej SylwestrzakSubject(s): Law, Constitution, Jurisprudence, International Law, EU-Legislation
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Summary/Abstract: The article brings: a) survey of traditional doctrines of internal and external sovereignty of state from the 16th century to modern legal positivism; b) suggestion to extend the traditionally conceived doctrine with controlling functions of state based on ombudsman’s responsibilities, environment and personal data control in addition to financial one; c) definition of control as a distinct authority directly affecting the theory of power division; d) the resultant assumption that the extended understanding of control leads to broadening of traditionally conceived doctrines of power division; e) scrutiny of doctrines of power division from Aristotle to Constant to prove the assumptions; f) the necessity of extending the existing classifications by adding an independent controlling power. The above approach not only corresponds to the requirements of modern state but also accommodates itself in the system of EU power organization
Journal: Gdańskie Studia Prawnicze
- Issue Year: 2016
- Issue No: XXXVI
- Page Range: 405-422
- Page Count: 18
- Language: Polish