Polish Constitutionalism

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Command of English language at the level allowing for active participation in the class and for reading materials.

Basic knowledge on constitutional systems of countries of students' origin (for purposes of comparative aspects).

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General purpose of the course is to introduce students into the system of Polish constitutional law, constitutional axiology, judicial review and methods to protect basic rights and freedoms.

Following topics will be covered during the course:

1. History of the Polish constitutions and constitutionalism

2. Constitution-making process 1989-1997

3. Axiological foundations of the Polish constitution

4. The systemic order of the Constitution of 1997

5. The concept of individual freedoms and rights in Poland

6. The limits of freedoms and rights - the limits of the political power

7. Law and its sources in the constitution

8. International law and the Polish constitution

9. The "European clause" of the constitution

10. The system of government in Poland - separation and cooperation of powers

11. Status of the Sejm and Senate

12. The Presidency in Poland

13. The courts and tribunals

14. Constitutional judiciary

15. Constitutional developments in Poland - does Poland need a new constitution ?

Following positions are recommended to students:

1. Polish Constitutionalism: A Reader, ed. by Piotr Korzec, Jakub Urbanik, Mirosław Wyrzykowski

2. Wiktor Osiatyński, Human Rights and Their Limits, Cambridge University Press

3. Wojciech Sadurski, Poland's Constitutional Breakdown, Oxford

4. Mirosław Wyrzykowski, “The Vanishing Constitution”, Wolfgang Benedek, Philip Czech, Lisa Heschl, Karin Lukas and Manfred Nowak (eds.), European Yearbook on Human Rights, Intersentia 2018, pp.3-46.

5. Adam Bodnar, Protection of Human Rights after the Constitutional Crisis in Poland, „Jahrbuch des öffentlichen Rechts der Gegenwart“ t.66, pp. 639-662

6. Adam Ploszka, Shrinking Space for Civil Society: A Case Study of Poland, European Public Law 26, no. 4 (2020), pp. 941–960.

Knowledge:

- basic knowledge on Polish constitutional law

- understanding of basic constitutional principles

- knowledge how basic rights and freedoms are protected and what mechanisms exist in Poland.

Students will be assessed on the basis of:

- activity and preparation to classes (40% of grade),

- submission of a written essay to selected constitutional issue discussed during course (60% of grade),

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