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Having moved away from unitarism, Belgium is described as a federal state of communities and regions. A large number of interpreters of the Belgian Constitution believe that federalism is an essential element of its constitutional... more
Having moved away from unitarism, Belgium is described as a federal state of communities and regions. A large number of interpreters of the Belgian Constitution believe that federalism is an essential element of its constitutional identity. However, a more detailed analysis is needed to interpret the political system of this state. The breakdown of the unity of the political community at the national level as well as the doubt about the existence of a political nation are of crucial importance. A striking identity and growing separateness of the two linguistic groups, Flemish and Walloon, are decisive factors behind the originality of the political system of modern Belgium. In the article, I point out that the distinctive feature of the Belgian federalism involves the bipolarity and domination of the constitutional mechanism based on co-determination and co-operation of the two linguistic groups as the actual subjects of the power in the state. The predominance of this mechanism has...
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Research Interests: Politics and Emigration
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After falling of the Communism The President and the Government became crucial constitutional institutions in Poland. In 1989-93 the fundamental political and economical reforms were initiated by the Government. But at the same time, in... more
After falling of the Communism The President and the Government became crucial constitutional institutions in Poland. In 1989-93 the fundamental political and economical reforms were initiated by the Government. But at the same time, in 1990, one of the main problems was absence of constitutional and political foundations for stability and decisivity oh the Executive Power. In 1989 Poland inherited the Government, typical to the soviet model, devoid of subjectivity, which was a kind of federation of independent ministries. "The Round Table Pact" opened the process of reconstruction of the democratic State. The dualism of Communist Party and State Institutions vanished. The constitutional state organs acquired "the right" to take the decisions. But in 1989-93 the constitutional position of the Executive Power and the shape of all the constitutional system was caused by agreements and political compromises, not as results of conscious constitutional decisions. Pass...
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Research Interests: History and Philosophy
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The Fifth French Republic owes its originality and permanence to Charles de Gaulle’s constitutional convictions and his determination to reform. However, in the case of France, which intellectual culture presupposes that institutions are... more
The Fifth French Republic owes its originality and permanence to Charles de Gaulle’s constitutional convictions and his determination to reform. However, in the case of France, which intellectual culture presupposes that institutions are shaped by a logical sequence of ideas, also the scientific justification of the political change must have been of great importance. The author of the theoretical rationalization of the Fifth Republic and its institutional revolution within the republican tradition was the forgotten lawyer Raymond Carré de Malberg. Pioneering nature of his writings may not raise any doubts. Carré de Malberg challenged a theory of parliament’s sovereignty from the republican perspective, which had an impact on thinking of the juristic elites participating in drafting the Fifth Republic Constitution. Carré de Malberg opened the door of republican tradition wide to the general presidential elections and referendum. He delineated the solution he recommended as the one t...
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Originality and Permanence of the French Fifth Republic The case of the Fifth Republic encourages reflection on comparative constitutionalism both because of the originality of de Gaulle’s constitutional work and the fact that during its... more
Originality and Permanence of the French Fifth Republic The case of the Fifth Republic encourages reflection on comparative constitutionalism both because of the originality of de Gaulle’s constitutional work and the fact that during its validity the 1958 Constitution had to face new challenges – a change in the balance of political powers, European integration and the growth of the judiciary. The last two trends were universal in nature. The Fifth Republic proved an original and permanent constitution, giving the French democracy stability and efficiency. The constitutional system has not evolved either towards parliamentarianism or a presidential system like that of the USA. If there were significant amendments to the constitution, this happened in the area of external challenges. But also, in this area, where the constitutional judiciary became more dynamic and the guarantee of independence of the common judiciary increased, the Fifth Republic retained its originality, expressing...
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EFFECTIVE PARLIAMENTARY DEMOCRACY BY MICHEL DEBRÉIn the 1930s, France epitomized a weakness of parliamentary democracy. Third Republic, that was recognized by many European countries as a model political system, was actually hit by a... more
EFFECTIVE PARLIAMENTARY DEMOCRACY BY MICHEL DEBRÉIn the 1930s, France epitomized a weakness of parliamentary democracy. Third Republic, that was recognized by many European countries as a model political system, was actually hit by a grave crisis combined with an increase of popularity of authoritarian trends. Undoubtedly, ineffectiveness of the French model of parliamentary democracy contributed to the fall of republican France in 1940. An in-depth and interesting analysis, which may also be recognized as an attempt made to overcome the weaknesses of parliamentary democracy, was put forward by Michel Debré in his writings published in the WWII years. One of the reasons why his draft of a rationalized parliamentary system deserves special attention is that this document inspired establishment of the Fifth Republic. Debré offered an exceptional lesson of critical thinking about the political system. This outstanding lawyer was able to correctly identify and effectively eliminate the...
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Contrary to the common belief, the Fifth Republic could not be established as a Republican monarchy. In France the idea of a republic was created by the French Revolution and its values were shaped in the fundamental confrontation with... more
Contrary to the common belief, the Fifth Republic could not be established as a Republican monarchy. In France the idea of a republic was created by the French Revolution and its values were shaped in the fundamental confrontation with the monarchist tradition. The specifically understood idea of a nation’s sovereignty the formation of which was influenced by Rousseau’s though, as well as the ideas of the indivisibility and lay character of the republic, constituted a completely new model of statehood. In such a situation, the synthesis of antagonistic traditions was not possible. Although de Gaulle had been brought up in a family of pro-monarchist attitudes, he followed the state patriotism idea and was a supporter of the Republic as a durable basis for France’s existence. His views matured under the influence of French Republican nationalists Charles a Peguy and Maurice Barres, who inspired young de Gaulle and shaped his state patriotism. Later in his life de Gaulle’s idea was not...