Społeczeństwo a Konstytucja (uwagi na marginesie ustawy Prawo o zgromadzeniach)
Society vs the Constitution (remarks on the margin of the law on assemblies)

Summary/Abstract: The author indicates how important the role of citizens is in the exercise of power in democracy. Therefore, the traditional understanding of the exercise of supreme power by the nation, manifested in the statement that “the nation speaks through the mouths of parliaments” can not be uncritically accepted today, especially in the relation to the multiple forms of citizens’ involvement in the decision-making process and tools enabling the articulation of their demands and needs. It seems appropriate to understand the principle of national sovereignty as binding all public authorities operating in the Republic of Poland in the will expressed by all citizens. This will is presented by indicating certain views of preferences during elections, and also through the institution of direct democracy, because the indirect form of exercising power within civil society can not be considered sufficient and satisfying. One of the forms of civic activity is the right to gather. The authoress points to the controversy surrounding this bill and proves that it may be due to the negative practice of social consultations.

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