Wiesław Bar

 

Democracy, Laicization and Revival of the Catholic Education in Poland

 

Summary

The system of public education in Poland has begun to form after the acceptance of Christianity – schools were established next to monasteries and parishes, especially after 12th century. In 1364 the first school of higher education was established in Cracow. In this subject an important role was performed by the Jesuit and Piarist Orders (since 16th century). Until the creation of the Commission of National Education (1773) the system of education was outside the scope of state’s interest. During the partition times private schools run by the Church institutions, after 19th century very often by female convents, constituted a safe refuge for the Polish language, religion, culture. The system of those schools was the base for creating the system of public education after regaining independence (1918) and acquired a new meaning during the World War II and the time of the German and Soviet occupation. Only after the transformation in 1989 the possibility of educating by the institutions not owed by the state was reestablished. At present the system of children and youth education involves over 5,5 million people, that is 14% of the Polish population. Over 55 000 of the students are enrolled in 518 the Catholic schools defined as the Catholic schools in accordance with the Canon Law. Among them are: 142 primary schools, 139 high schools, 20 schools of the secondary education with the purpose of preparation for particular professions, 3 schools offering education after graduating of the high school and one special school for children with special needs. Within those schools there are 10 000 teachers working, out of that 4 000 with the status of full time teachers. Despite the fact that the number of students in Polish schools has decreased about 1/3 of the total number in last 10 years, the number of students willing to enroll to the Catholic schools is increasing. From time to time there are suggestions or attempts of limitation of the activities of the Catholic schools but they are staying strong due to their educational results. For instance: the Catholic high schools that constitute 5,2% of total number of Polish high schools, within the group of 200 the best high schools in Poland constitute 12%. What is more, in three voivodeships (out of 16) Catholic high schools were evaluated as the best high schools, and in the remaining 13 voivodeships Catholic high schools are in the top of list (half of those schools were evaluated in the top 10). Among of the strengths of the Catholic education there is not only the quality of the staff, level of education or the better curriculum but also learning values. The Catholic schools of primary and secondary education are those schools with most popularity and value. The showcase of those schools is the value system based on the Christian doctrine. More and more parents want their children to be raised in the accordance of those universal values what is supported by the statistical data.

Key words: democracy, laicization, Catholic education, public education, educational
system.

Mirosław Granat

 

Human Dignity as a Source of the Human and Citizen’s Rights
and Freedoms

(Remarks in Reference to Article 30 of the Polish Constitution)

Summary

 

„Human dignity” in article 30 of the Polish Constitution is neither specified nor defined by the legislator. The reason of it is because this category is out of the boundaries of the Constitutional Law and the constitutionalists. In my opinion, it belongs to the pre-legal and pre-juridical reality. Human dignity is a very special constitutional value. It is my opinion that human dignity is not a constitutional right or freedom of a human or a citizen. It is not either a synonym of freedoms and rights. Human dignity belongs to the world of values, while human and citizens’ rights and freedoms belong to the scope of statutory law. In the process of explanation of the meaning of human dignity as a “source” of human rights, I would like to suggest a stipulation that the rights and freedoms are “expressions” of human dignity. Such an approach cannot be identified with the metaphor of a source as a reason of human rights or its result. My understanding of it is that freedoms and rights result from the human dignity, they constitute its core, however they have their own unique content. In such defined relation dignity-human rights, nothing is done automatically as it was the case with the reason or even more with the result. I am at the position that human dignity is based at the fundamental of human rights, however without the simple subjection between them as indicated by the reason and result. Human dignity is and stays the very same in every constitution that refers to it whereas regulations of human rights adopted in different constitutions can have different forms and in different way they can shape freedoms and rights.

Key words: human dignity, human and citizen’s rights and freedoms, protection of
human and citizen’s rights and freedoms, Polish Constitution, Article 30 of the Polish
Constitution.

 

 

Wojciech Łączkowski

 

State Sovereignty versus Membership in the International Institutions

Summary

In order to simplify the discussion we can omit the doubts and dangers connected to the distinction of humanity to specific nation and states and stipulate clear positive evaluation of a definitions of sovereignty and patriotism. With such an approach we can state that present membership of Poland to international institutions does not limit Polish sovereignty. It was indeed gained through the form of international agreement entered freely and in the best interest of Polish Nation, even if we consider that as every agreement, it has also limitations and obligations. The separate issue is occurrences of “cultural decadency” of global character. They occur with high intensity also in those countries that are not part of the organizations that the Poland is and they would probably infiltrate our country if we had not joined the different international organizations anyway. Polish membership in the European Union creates however some problems in regards to the hierarchy of the sources of law in situations of conflicts of Polish statutory law and so called Union law. The troubles with this issue requires a better organization of legislation, especially amendment of the Polish Constitution. This problem however does not influence the issue of sovereignty since the principle of voluntary and state interest have not been violated.

 

Key words: sovereignty, patriotism, voluntary, international organizations, profits and
obligations balance.

 

 

Henryk Misztal

 

Bartolo Longo (1841-1926) – a Saint and a Social Worker
(Canonical and Sociological Aspects)

Summary

 

Catholic saints, as late Professor Wiesław Chrzanowski, astonish us with their social and political activity but empowered with the spirit of Gospel and the teachings of Catholic Church. In their actions very often they have to face different troubles or even persecution. However they stand strong in their principles based on the system of values derived from the social teachings of the Church. That is the reason that this article presents the life and work of a saint and a person deeply concerned with social matters: Bartolo Longo, that has lived by the principles of Gospel in 19th and 20th century. Bartolo Longo through the Gospel principles and due to miraculous motives reached the results that exceed the usual actions is his worldly life and was recognized as blessed by the Catholic Church.

 

Key words: Bartolo Longo, saint, blessed, social worker, social matters, beatification
process, “man of faith”.

 

 

Stanisław Sagan
Viktoriya Serzhanova
Dominika Wapińska

 

Historical Constitutional Acts and the Binding Constitution of Norway

Summary

Norwegian Constitution of 17 May 1814 is one of the oldest written constitutional acts in the world and one of the oldest in force on the European continent. It has been given a significant role in the history and day to day practice of the political life due to the specific reasons of its creation – while fighting for independence from Swedish domination. The purpose of this article is to present the Norwegian constitutional acts and the binding Constitution of Norway. Norwegian Constitutional Law was established as statutory law, although it has used customary norms broadly. In this scope the Norwegian legal system is closer to English legal system rather than to the ones of the Nordic neighbors with whom Norwegian shared common history: Denmark and then Sweden. The article includes presentation of the first constitutional institutions that were established at the beginning of 12th century. It contains also the analysis of their evolution in time and presents the most important statutory constitutional acts of the national character. The second part of the article presents the process of adopting the binding Constitution, its content and the amendments from the moment it came into force. The Norwegian Constitution shows exceptional stability in comparison to other constitutional acts in the European continent. It has established not only the constitutional system lasted for 200 years but also gave grounds for fundamental of political culture in Norway. The constitutional institutions based on it have successfully survived the time trial and they function well in 21st century and became the grounds of democratic rule of law.

Key words: Norwegian Constitution, historical constitutional acts, binding constitution, constitutional institutions, amendments to the constitution, Norwegian constitutional system, political culture, the Norwegian legal system.

 

 

Tadeusz Stanisławski

 

The Legal Status of the Church’s Real Estate

Summary

Due to the change of adhesion of the Regained Territories after the end of World War II, also the real estate owned by the Church and the other religious associations faced the results of the constitutional changes in Poland. The Polish government has decided that the state was the owner of all real estate in regards to the so called post-German and abandoned lands, including the Church real estate. The dispute of their ownership was the element of broader religious policy in the People’s Republic of Poland. At time the Church was allowed to reclaim its property. The first part of this process began in the 70s. and it constituted the first attempts of so called regulation of ownership of the Church real estate in Poland.

Key words: the Regained Territories, real estate of the Church, regulation of ownership.

 

 

Marian Stasiak

 

Ecclesiological Inspirations in the Contemporary Science of Canon Law

Summary

 

The article engages in a discussion of the main issues that set the trend for the modern canonical thought. They refer to the ontological grounds of the Church legal system. There is a need to search for such a meaning of the Canon Law that would be in accordance with the nature of the Church itself defined in the doctrine of The Second Vatican Council. One of the decrees of the Second Vatican Council “Optatam totius” no. 16 specifically suggests that in interpretation of the Canon Law we should take into consideration the Mystery of the Church according to the Lumen Gentium Constitution. Although, the indication seems to be clear, its execution is more difficult to implement. Pre-conciliar vision of the Church based on the concept of „societas iuridice perfecta” more accurate for the state, has favored the presence of governmental structures and state law in the Church. The Second Vatican Council on the other hand presented the Church as the Mystery that its nature is expressed through many descriptions, pictures, comparisons and paradigms. Such a fruitful in its meaning Council’s ecclesiology has been accepted, though in very selective way, by many of the canonists as the prerequisite. It was used for the construction of own theories that thanks to the nature of the Church, the divine-human community, introduced the explanation for the presence of the law in the Church. The context of this article presents the ideas developed by the main representatives of the-so called-schools of the Canon Law, especially by the school of the lay canonists in Italy, the Munich school and the school of Pampeluna – Navarra. It is important to highline the input of L. Orsa from America and P. Huizing of the Netherlands and other canonists. The statements of the Church’s Magisterium in the Directives published after the Second Vatican Council repeated the need for the methodological renewal of the Canon Law. In the series of studies of the Canon Law for the first time a new subject is established: Theology of the Canon Law. The profiled science of Canon Law through Council’s ecclesiology very often refers to the teachings of Pope Paul VI and the teachings of the blessed John Paul II. There are two works of the Pope: The Code for the Latin Church and the Code for the Eastern Churches. Both of the codes are regarded by the Pope as the final documents of the Second Vatican Council. In conclusion it is important to stress that, despite the mobilizing tendency of canon thought that reaches the deepest rationale and the role of the law in the Church, we still face the search for the satisfactory answer. It should be noted that, while the law separated from the understanding of the Mystery of the Church loses the rationale, on the other hand too far reaching theologization of the Canon Law threatens its juridical identity and leads to its expulsion out of the legal thought frames. However, the attempt should be continued since the Canon Law –as every human phenomenon – requires understanding, explanation and acceptance. Only then on the grounds of the Church’s faith and the faith in the Church, the law becomes the value that shapes the action expected by the law.

Key words: theology of Canon Law, an ontological question of Canon Law, overview of the theory of same canonists, the ecclesiological significance of Canon Law, the school of the lay canonists in Italy, the Munich school, the school of Pampeluna – Navarra, recent developments of Canon Law, the contemporary science of Canon Law, the ecclesiological
significance of the Second Vatican Council, the nature of the Church, recent developments in the science of Canon Law. the teaching of Paul VI and John Paul II, the methodological status of Canon Law, the relevance of the question.

Andrzej Zoll

 

Protection of a Child in a Prenatal Phase in light of the Work of the Criminal
Law Codification Commission

Summary

 

The article devoted to late Professor Wieslaw Chrzanowski presents the history of Polish legislation in regards to protection of life and health of an unborn child. In addition, the article refers to the Criminal Code of 1932 that included such a protection and to the act of 27 April 1956 that protected only the women’s health in this issue whereas the life of an unborn child s was perceived as a value not worthy of the legal protection. The change in the approach was made with the act of 7 January 1993 in regards to the family planning policy, protection of an unborn child and the conditions for pregnancy termination. In the process of adopting the act, the work of the parliament was led by Professor WIeslaw Chrzanowski. The act, although imperfect in many ways, constitutes a milestone in the subject of the protection of a child in a prenatal phase. The life and health of an unborn child was a protected quality by the norms of the Criminal Law. After gaining power by the left wing party the act was amended in 1996 in the direction of the practical suppression of the protection of a unborn child’s life. In a significant, tough limited aspect the act of 30 August 1956 was filed to the Constitutional Court and deemed unconstitutional in the way it allowed termination of unborn child’s life due to the social reasons. The article presents the weakest points of the binding law in this matter.
The conclusion of the article focuses on the propositions that are within the scope of work of the Criminal Law Codification Commission that tend to give the same legal protection to an unborn child able to live outside the mother’s body as the protection of a born child. The work of the Commission concentrates also on the reinstatement the protection of a unborn child unable to live outside the mother’s body in the same scope as it was adopted in the original act of 7 January 1993.

Key words: protection of a life and health of unborn child, the Criminal Law Codification
Commission, unborn child, fetus, family planning policy, protection of a fetus, conditions for pregnancy termination, protection of an unborn child able to live outside the mother’s body.