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The Nation, Delegation, and Constitutional Change in Poland

Bień-Kacała, Agnieszka and Tarnowska, Anna and Włoch, Wojciech (2018) The Nation, Delegation, and Constitutional Change in Poland. Hungarian Journal of Legal Studies, 59 (4). pp. 355-377. ISSN 2498-5473

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Abstract

Abstract This paper presents results of research on legislative delegation in representative democracy which points to the existence of a bond between a nation (demos) and a constitution. Consequently, we claim that the meaning of constitutional institutions may change, depending on the understanding of the concept of nation. We refer to a homogeneous and to a heterogeneous concept of nation and their coexistence in Polish societal space and analyse the Second (1918–1939) Polish Republic's constitutions and practice to exemplify the friction of two concepts of the nation. Furthermore, the Third (since 1989) Republic's regulations and practice are explored to show how a homogeneous concept of the nation affects the openness of 1997 Constitution. A heterogeneous nation is reflected in the Polish constitutions and their values whilst at the same time, a constitutional practice has been developed under influence of the homogeneity of the nation.

Item Type: Article
Subjects: K Law / jog > K Law (General) / jogtudomány általában
Depositing User: László Sallai-Tóth
Date Deposited: 14 Feb 2020 08:52
Last Modified: 31 Dec 2020 00:43
URI: http://real.mtak.hu/id/eprint/106368

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