Wyniki wyszukiwania - Biblioteka Nauki

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PROFESSIONALIZATION OF THE LEGISLATIVE WORK IN PARLIAMENT (Profesjonalizacja parlamentarnych prac ustawodawczych)

100%

Szymanek J. , Karp J.

Przegląd Sejmowy

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2009

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nr 5(94)

111-128

EN

The law-creating process carried out in a parliament of a democratic state has for a long time been the subject of study and discussion on how to improve it, not only in terms of the speed of the legislative process and legitimacy of laws passed during that process, but also the quality (in different meanings of this word) of these laws. The latter two elements are particularly important, as they provide a basis for remarks concerning the requirements for validity of laws. It is well known that, to meet these requirements, laws have to be adopted upon the procedure, and in accordance with the content, of hierarchically higher law, and also (and maybe above all) laws should fulfill the praxiological requirement which is compatibility to complex social realities, since it is only in such that the enacted norm will adequately perform all functions prescribed to it. Consequently, in the process of creation of laws by parliament, the legislator is required to satisfy particular conditions guaranteeing that the laws newly passed will reflect imperatives resulting from the constitution as to their conformity and systemic cohesion, and that they will effectively regulate different spheres of public life without posing any threat of conflict between the legislator and the addressees of a new law. The conditions in which laws satisfying validation requirements for their constitutionality and legal and socio-political effectiveness are created, may be defined using a catchy slogan 'professionalization of legislative work'. It means that the political process of passing laws under the existing norms of the constitution and parliamentary rules of procedure imposes several requirement on its actors. They have to: possess adequate knowledge in the field that is subject to regulation, select effective remedies to be used in a drafted law in order to solve existing problems, predict effects of that law coming into force which do not cause negative social, economic and political consequences, and assess honestly whether an act so passed could be effectively enforced. The authors enumerate Polish legal solutions aimed at professionalization of legislative work in parliament, and compare them with theoretical models of law-creating, including above all, the so-called concept of communicative approach to lawmaking, according to which legislative process is a particular kind of a communication (information) process involving many different subject exerting different influence on the final content of enacted law. There is a relatively new phenomenon of a gradual increase of the number of such subjects and the growth of information resources (knowledge). Professionalization of legislative work in parliament should guarantee rational participation of heterogeneous subjects on the stage of creation of a norm, in order to satisfy the postulate of deliberative lawmaking and to improve mechanisms of selection and real procession of information (where the role of parliamentary expert services is evident), and enabling parliament to enact optimal law.

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INFLUENCE OF THE JURISPRUDENCE OF THE COSTITUTIONAL TRIBUNAL ON THE SHAPE OF PARLIAMENTARY LAW (Wplyw orzecznictwa Trybunalu Konstytucyjnego na ksztaltowanie sie prawa parlamentarnego)

100%

Karp J. , Szymanek J.

Przegląd Sejmowy

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2009

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nr 4(93)

145-175

EN

The point of departure for the comments contained in the article is the assumption that the jurisdiction of the Constitutional Tribunal has mostly contributed to the formation of parliamentary law as a distinct discipline of constitutional law broadly meant. The subject of analysis of parliamentary law includes matters concerning both the structure and organization of parliament, and detailed parliamentary procedures. Usually, parliamentary law is treated as part of constitutional law, which regulates organization, composition, functions and the rules of operation of a parliamentary assembly. It is also often called 'an internal law of parliament', to express that - above all - its main field of regulation includes the principles of the internal structure, organization and working procedures of parliament. In the broad meaning, parliamentary law covers: electoral law, legal status of a member of parliament, as well as the entire legislative process taking place both inside and outside parliament. In its narrow meaning, however, it concerns the structure, organization and parliamentary procedures. Despite the applied definition of parliamentary law, its basic point of interest is connected with matters of parliamentary organization, scope of powers and rules of procedure. The 'parliamentary' judgments made by the Constitutional Tribunal during its 20-year existence may be divided into several groups in accordance with their subject, as referred to parliamentary law narrowly understood. They include judgments falling into the field of: 1) autonomy of parliament; 2) mutual relations between both chambers of parliament; 3) the functions of parliament and ways of exercising them; 4) Sejm's internal rules of conduct. The review of main judgments concerning parliamentary matters clearly shows that the decisions of the Tribunal contributed considerably to a more precise specification of the constitutional provisions governing the position of the Sejm and the Senate within the system of government. Moreover, the jurisprudence of the Tribunal has resolved essential practical questions, e.g. the scope of admissible amendments proposed by the Deputies to the Sejm or by the Senate, or the rules defining the paths of the legislative process. This has had a clearly utilitarian dimension, including – in particular – that of praxeological nature and that which has also rationalized the sequentially complex and (often) only generally formulated parliamentary procedures. This comment does not mean that the achievements of the above-mentioned judicial body has not aroused controversy or even criticism, or that all matters appeared in the field of parliamentary law (broadly understood) have been addressed and definitively resolved. This does not mean the line of the jurisprudence of the Polish Constitutional Tribunal has always been constant. Just the opposite, the Tribunal has often modified its opinions, or – at least – provided different arguments for its findings. However, it has always taken a creative approach to parliamentary law, thereby contributing to its high status.

3

Równość w myśli prawno-politycznej Ronalda Dworkina

50%

Karp J.

Państwo i Społeczeństwo

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2005

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nr 4

131-138