• Corpus ID: 16966869

The Protection of Human Rights in the New Polish Constitution

  title={The Protection of Human Rights in the New Polish Constitution},
  author={Ryszard Cholewinski},
  journal={Fordham International Law Journal},
  • R. Cholewinski
  • Published 1998
  • Political Science
  • Fordham International Law Journal
This Article examines the extent of human rights protection under the Constitution of the Republic of Poland of April 2, 1997 (”new Polish Constitution” or “Constitution”), adopted on April 2, 1997, by the Polish National Assembly and approved by the Polish people in a referendum on May 25, 1997. The Constitution, a lengthy document composed of 243 articles, came into force on October 17, 1997, and is one of the last constitutions to be adopted in Central and Eastern Europe since the start of… 
The Polish Constitutional Court And Political "Refolution" After 1989: Between the Continuity and Discontinuity of the Constitutional Narrative
The paper considers the issue of constitutional justice during political transition in Poland. The author states that regardless of the stage of the political transition, both the
The Scales of the European Court of Human Rights
It is argued that this consensus—revealed through the domestic laws and practice of 47 Council of Europe member states— shows considerable unity and should thus restrict individual states’ discretion in limiting human rights and freedoms.
Determinants of property rights in Poland and Ukraine: the polity or politicians?
  • C. Hartwell
  • Political Science
    Journal of Institutional Economics
  • 2016
Abstract North (1994) famously remarked that ‘it is the polity that defines and enforces property rights’. This paper traces the development of property rights in Poland and Ukraine and explores
Environmental Constitutionalism: A Comparative Study
  • R. O’Gorman
  • Political Science
    Transnational Environmental Law
  • 2017
Abstract While 148 of the 196 national constitutions in effect today manifest some form of environmental constitutionalism, the fact that some states have not adopted such provisions suggests that
Comparative procedural traditions
Diverse criminal procedural traditions across Europe are undergoing a process of being drawn to gether by two strong forces: the EU Area of Freedom, Security and Justice and the European Court of
The Solidarity Principle in the New EU Member States
This chapter aims to assess how the legal traditions of the some new EU Member States (Formerly Planned Economies) impacted on country differences dealing with redistributive aims and approaches.
The First Written Communist Constitutions in China and the Visegrad States
  • L. Da
  • Political Science
    Development of the Constitutions in China and the Visegrad States
  • 2021


Constitutional 'Revolution' in the Ex-Communist World: The Rule of Law, September 26, 1996, 12 AM
  • U.J. INT'L L. & POL'v 45, 93 (1997) [hereinafter Constitutional Symposium]. 63. POL. CONST. (1997) art. 2. 64. Id. art. 30. 65. Michalska & Sandorski, supra note 49, at 118 (footnote omitted). 66. POL. CONST.
  • 1997
Constitutionalism Within Limits: The New 204. The constitutional provisions are implemented by Ustawa z dnia 1 sierpnia 1997 r. o Trybunale Konstytucyjnym [The Constitutional Tribunal Act of 1
  • The great majority of the changes discussed below were recommended in December 1992 by the General Assembly of the Tribunal (an annual meeting of all the judges) at the request of Parliament's Constitutional Commission
  • 1997
Letowska, supra note 2, at 80; see Spiewak, supra note 56, at 94. The narrower interpretation is supported by Zoll
  • Jeszcze o skardze konstytucyjnej [On the Subject of the Constitutional Complaint Once More], RZECZPOSPOLITA
  • 1997
Rapaczynski, supra note 22, at 609-10. 197. Letowska, supra note 2, at 79. 198
  • Brzezinski & Garlicki