Ustrojowe dylematy prezydentury. Głowa państwa według Konstytucji RP z 1997 r.
Dilemmas of Presidency in the Political System. Head of State According to the Constitution of Republic of Poland from 1997
Author(s): Marek BankowiczSubject(s): Constitutional Law, Governance, Government/Political systems
Published by: Uniwersytet Ignatianum w Krakowie
Keywords: president; presidency; constitution; constitutional system;
Summary/Abstract: Analysis of president place in the Polish constitutional system. Assessment of a constitutional articles appropriation to real position of president in the state. The research problem and methods: The fundamental aim is characterization of the presidential powers and relations between head of state and other state authorities. In the paper is appeal to legal dogmatic method making a critical analysis of the constitutional articles possible and to institutional method within description of the Polish political regime principles. The process of argumentation: Place of president in the constitutional system of Poland is presenting by evaluation of the presidential electoral procedure, prerogatives and possibilities of the influences on government, parliament and judiciary. Research results: Analysis pointed out serious lacks of consequences and even mistakes of the constitutional provisions regarding to presidency. Direct election of head of state is at odds with the parliamentary system in Poland. Competences of president as a guarantor of constitution and guarantor of continuity of state authority, supreme state representative in international relations and head of the armed forces are in large degree empty declarations, because the constitution does not give to president real scope for political activity. Conclusions, innovations, and recommendations: It seems that indispensable is a restructuring of the Polish presidency and in con sequence a constitutional reform. Political system should be clear and consistent. If will be preserve of parliamentary system, then constitutional authorities of president ought to be smaller and is necessary to resign from direct presidential election. However, choice of semi-presidential regime should carry out of making president in many respects stronger as a political leader which charts state politics and dominates over government.
Journal: Horyzonty Polityki
- Issue Year: 9/2018
- Issue No: 26
- Page Range: 111-128
- Page Count: 18
- Language: Polish