Archiwum Filozofii Prawai Filozofii Społecznej

Journal of the Polish Section of IVR (ISSN:2082-3304)

IVRwww.ivr.org.pl

Search Results for: implementation

General Constitutional Clauses: Between the Legislative Construction and Its Implementation

Prof. dr hab. Leszek Leszczyński

Maria Curie-Skłodowska University in Lublin

English abstract: The aim of this paper is to present and analyse in terms of theory of law the general reference clauses, which, as a normative construction, are also formulated in the provisions of constitutional law. Within the framework of these analyses, apart from conceptual issues, the constructions used in three 20th-century Polish Constitutions (of 1921, of 1935, of 1952), created in different political conditions, are presented. All of them were rather restrained as regards the number of extra-legal references, although the 1952 Constitution added to this practice an ideologized language of a legal text. It is not possible to compare it – either in the context of the number of clauses or the breadth of references – with the Constitution of 1997. The main parts of this paper include a linguistic, normative and systematizing analysis of the references contained in the current Polish Constitution, as well as an indication of their implementation effects. On this basis, selected aspects of the titular relation between the enactment and application of constitutional reference clauses are determined.   

Keywords: general clauses, legislative construction, enactment and application of clauses

Language: Polish

Published: Number 1(30)/2022, pp. 44-54

DOI: https://doi.org/10.36280/AFPiFS.2022.1.44

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Number of downloads: 455

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Nudge Without Evidence: The Hidden Risks of Behavioural Policy

Mgr Maria Pawińska

University of Silesia

English abstract: Nudge interventions have risen to prominence as ostensibly evidence-based regulatory tools, predicated on empirical insights into human decision-making. In theory, successful nudges require rigorous preparation, including carefully designed randomized controlled trials (RCTs) and pilot studies, to ensure they achieve their anticipated effects. In practice, however, many nudges fail to deliver the intended outcomes. This article explores the key determinants of such failures, with particular attention to issues in trial design and quality, the frequent reliance on ad hoc “copy-and-paste” approaches, and even absence of preparatory research. Consequently, this suboptimal implementation invites a range of objections regarding the legitimacy of behavioural regulation. Critics contend that nudges may be misused as technocratic exercises of power, provide a façade of government action without meaningfully addressing regulatory challenges, or function as instruments wielded by unqualified authorities. These flawed implementations give rise to a host of adverse consequences, such as side-effects of the regulation or unintended counter-effects. By dissecting these systemic shortcomings, this article offers a critical assessment of the relationship between approaches based on behavioural economics insights and regulatory practice, urging renewed scrutiny of nudge implementation processes to safeguard their credibility and efficacy.

Key words: nudge, RCTs, behavioural intervention, evidence-based regulation, implementation, abuse of power

Language: english

Published: Number 2(47)/2026, pp. 92–111.

DOI: https://doi.org/10.36280/AFPiFS.2026.2.92

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Number of downloads: 63

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Law, Theatre and Empathy – Already a Legislative Theatre?

Bartłomiej Bodziński-Guzik

Jagiellonian University

English abstract: In this article, I analyse Legislative Theatre from a socio-legal perspective, for the first time in reflections on this topic. By analysing the context of participatory processes, I outline the background for Legislative Theatre, where participation or its manifestations play a significant role. In the article, I both present the origins of Legislative Theatre – as a process used to generate ideas for legal amendments or their implementation – and compare the original assumptions with contemporary challenges or contexts important for legal scholarship. The article focuses on an analysis of the original assumptions of Legislative Theatre, confronting and comparing them, where necessary, with the contemporary approach. At the same time, I claim that Legislative Theatre, despite its name, should be understood in terms of participation, rather than legislation, in particular the ambition to influence the legislative process (initiative). These considerations are one of the first attempts to look at Legislative Theatre as a potentially important theme for both academics and practitioners, for both actors and audiences (if any) of legal systems. At the same time, they are an attempt to embed Legislative Theatre as a theme for a wider reflection of legal scholars, including Polish ones.

Key words: socially engaged theatre, participation, Legislative Theatre, legislation, law

Language: polish

Published: Number 1(46)/2026, pp. 77–95.

DOI: https://doi.org/10.36280/AFPiFS.2026.1.77

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Number of downloads: 175

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The Outline of Populist Constitutionalism

Mgr Jakub HUDSKÝ

University of Wroclaw

English abstract: The aim of this article is to present the assumptions of the populist constitutionalism in view of the unwavering support for populist groups and the related beliefs, resulting in irreversible changes in the perception of democratic reality. The starting point is an attempt to grasp the essence of populism and describe its elementary features. Populism is often defined in opposition to liberal thought and is analysed on two plans – the ideological and pragmatic one. An analysis of both of these elements makes it possible to indicate the political concept of populist democracy, the implementation of which is the goal of populists who achieve power. The assumptions of populist democracy are based on the implementation of the unfettered and current will of the people; at the same time, this concept perceives reality in an agonistic way – it is aware of the political necessity of all elements of public space, which make up the arena for the constantly clashing opposing interests. The above theses create a perspective through which one should look at the phenomenon of populist constitutionalism. There is no doubt that its starting point will be putting into practice populist beliefs and assumptions of populist democracy. Populist constitutional discourse, striving to implement the will of the people, does not reject the liberal institutions that have been in force so far. On the contrary, this phenomenon takes advantage of the hitherto achievements of constitutionalism and strives to transform them in such a way that – at least in principle – the will of the people can be implemented in the most unrestricted way possible. The final part of the reflections concerns the approach of populism to the constituent power, i.e., the power that enables the adoption and amendment of the constitution. It might seem that ‘legalizing’ the constituent power (e.g., in the form of an imperative mandate or popular referenda) would lead to the expansion of the power of the people, but populists do not seem to share this position. They point out that establishing a procedure which allows for additional expression of the will by citizens actually constrains their movements. Formal restrictions (e.g., the minimum number of signatures required) can often thwart the popular initiative.

Keywords: populist constitutionalism, populism, law, illiberalism, constituent power

Language: Polish

Published: Number 4(37)/2023, pp. 40-53.

DOI: https://doi.org/10.36280/AFPiFS.2023.4.40

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Number of downloads: 369

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The Principle of Citizens’ Participation in Criminal Trials and Legitimization of the Justice System

Prof. UAM dr hab. Barbara Janusz-Pohl

Adam Mickiewicz University in Poznań

English abstract: This article deals with the principle of social factor participation in criminal proceedings. In particular, the directival approach to this principle is emphasized, and in that sense, the article seeks to argue about its interpretative role in interpreting the provisions of the Code of Criminal Procedure (CCP). The analysis covers subjective, substantive and temporal scope of the principle of social participation in criminal proceedings. First of all, the concept of sensu stricto, sensu largo and sensu largissimo approaches to the principle of social participation in the criminal trial are distinguished. However, the sensu stricto perspective includes the exercising by citizens of a judicial function in trials, currently carried out in ordinary courts in the form of the participation of lay judges in the panel; the sensu largo approach also includes the implementation of other procedural roles by citizens than the judicial function, while the sensu largissimo aspect approach incorporates participation of non-individualized citizens as audience of the court hearings, as well as implementation of the denunciation function in the criminal trial. The detailed considerations concern implementation of the judicial function. In this respect, Article 28 of the CCP is interpreted, the main research question being whether the participation of the social factor in criminal proceedings under the law in force authorizes the criminal justice system.

Keywords: citizens’ participation in criminal justice, deliberative democracy, principle of social participation, criminal process and citizens

Language: Polish

Published: Number 4(33)/2022, pp. 70-85

DOI: https://doi.org/10.36280/AFPiFS.2022.4.70

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Number of downloads: 307

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Issue 1(30)/2022 „Archiwum…”: „Constitution and Values – Yesterday and Today” is available

We invite you to read the latest issue of „Archiwum Filozofii Prawa i Filozofii Społecznej”, the Journal of the Polish Section of IVR entitled “Constitution and Values – Yesterday and Today”. The issue was edited by prof. UW dr hab. Tatiana Chauvin, and includes the following papers: 

  • Prof. Prof. UW dr hab. Tomasz Stawecki: Piotr Winczorek: Researcher, Teacher and Friend 
  • Szymon A. Gasz, Marek P. Kaczmarczyk: Introduction to the Fidelity to the Constitution 
  • Prof. UMK dr hab. Aleksandra Kustra-Rogatka: Protection of Fundamental Rights as an Argument in the Dispute over the Legitimacy of Judicial Review. Selected Issues 
  • Prof. dr hab. Leszek Leszczyński: General Constitutional Clauses: Between the Legislative Construction and Its Implementation 
  • Dr Wojciech Mojski: Analysis of the Constitutional Crisis from the Perspective of the Constitution’s Axiological Function. Outline of Basic Theoretical Issues 
  • Dr hab. Maciej Pichlak: Polish Disputes Between Populist and Legal Constitutionalism in the Context of Reflexivity of Constitution 
  • Dr Marcin Romanowicz: Instrumentalization of Law and the Constitutional Crisis: Reflection on the Basis of Several Topical Findings of Professor Piotr Winczorek 
  • Dr hab. Anna Rossmanith: The Crisis of Dialogue and Political Community: Philosophical Reflections on the Relationship Between Pluralism, Difference and Dialogue 
  • Dr Paweł Skuczyński: Social Reading of the Constitution of the Republic of Poland versus Constitutional Axiology and Constitutional Social Ontology 
  • Prof. UŚ dr hab. Sławomir Tkacz, prof. dr hab. Zygmunt Tobor: Remarks About the Axiological Dimension of the Polish Constitution of 1997 and Its Interpretation in the Light of Works of Professor Piotr Winczorek 

The issue also includes the introduction Constitution and Values – Yesterday and Today: Introduction by prof. UW dr hab. Tatiana Chauvin, and The statement of Presidium of the Association for Philosophy of Law and Social Philosophy – Polish Section of IVR on the aggression of the Russian Federation against Ukraine. 

The issue is available HERE.

Number 1(30)/2022 [PL]

Constitution and Values: Yesterday and Today

Constitution and Values: Yesterday and Today. Introduction 
(Prof. UW dr hab. Tatiana CHAUVIN)

Articles:

Prof. UW dr hab. Tomasz STAWECKI
Piotr Winczorek: Researcher, Teacher and Friend

Szymon A. GASZ, Marek P. KACZMARCZYK
Introduction to the Fidelity to the Constitution

Prof. UMK dr hab. Aleksandra KUSTRA-ROGATKA
Protection of Fundamental Rights as an Argument in the Dispute over the Legitimacy of Judicial Review. Selected Issues

Prof. dr hab. Leszek LESZCZYŃSKI
General Constitutional Clauses: Between the Legislative Construction and Its Implementation

Dr Wojciech MOJSKI
Analysis of the Constitutional Crisis from the Perspective of the Constitution’s Axiological Function. Outline of Basic Theoretical Issues

Dr hab. Maciej PICHLAK
Polish Disputes Between Populist and Legal Constitutionalism in the Context of Reflexivity of Constitution

Dr Marcin ROMANOWICZ
Instrumentalization of Law and the Constitutional Crisis: Reflection on the Basis of Several Topical Findings of Professor Piotr Winczorek

Dr hab. Anna ROSSMANITH
The Crisis of Dialogue and Political Community: Philosophical Reflections on the Relationship Between Pluralism, Difference and Dialogue

Dr Paweł SKUCZYŃSKI
Social Reading of the Constitution of the Republic of Poland versus Constitutional Axiology and Constitutional Social Ontology

Prof. UŚ dr hab. Sławomir TKACZ, Prof. dr hab. Zygmunt TOBOR
Remarks About the Axiological Dimension of the Polish Constitution of 1997 and Its Interpretation in the Light of Works of Professor Piotr Winczorek

From the life of the Polish Section of IVR:

The statement of Presidium of the Association for Philosophy of Law and Social Philosophy – Polish Section of IVR on the aggression of the Russian Federation against Ukraine

Improving Global Public Health: Responsiveness to Public Interest Considerations in Intellectual Property Law

Prof. UG dr hab. Maciej Barczewski, prof. UG dr hab. Sebastian Sykuna

University of Gdańsk

English abstract: Over the past few years the WTO Council for Trade-Related Aspects of Intellectual Property Rights recognized the growing concern over an imbalance between intellectual property and public interest. With regard to health technologies in particular, without sufficient use of balancing exceptions and limitations, patents and related monopoly rights primarily serve to protect corporate interests of the pharmaceutical industry. The broadest possible use of compulsory licenses is one of the essential measures that can contribute to increase in responsiveness to public interest considerations in defining the boundaries of the IP-related components that determine access to medicines. Another instrument is the process of interpretation and implementation of the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS), which aims not only at clarifying the meaning of the provisions or determining the intentions of the parties to this treaty, but sets sights on reconciling its competing objectives. The need to interpret and implement the TRIPS Agreement in a way that protects public interest is confirmed by the obligation of acting “in a manner conducive to social and economic welfare” under Article 7 of the Agreement. Moreover, Article 8 allows to adopt “measures necessary to protect public health and nutrition, and to promote the public interest in sectors of vital importance to their socio-economic and technological development”. Therefore, in the context of the problem of access to medicines, the important role of human rights as an instrument for the prevention of abuse of intellectual property rights and the restoration of their balance, taking into account the interests of both the beneficiaries of protection and the general public, should be emphasized.

Keywords: intellectual property, WTO, human rights, public interest, patents, access to medicines, TRIPS

Language: English

Published: Number 3(24)/2020, pp. 66-78.

DOI: https://doi.org/10.36280/AFPiFS.2020.3.66

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Number of downloads: 684

Law as a Social Engineering Tool in the Legal Philosophy of Roscoe Pound

Mgr Aleksander Olaf Szpojankowski

Cardinal Wyszyński University in Warsaw

Abstract: The article discusses the subject of Roscoe Pound’s sociological jurisprudence with particular emphasis on the concept of social engineering, as well as the use of law as a tool through which the assumptions of this concept are implemented. The article also presents the key concepts of social engineering, specifically the theory of social interests, defined by R. Pound, and the theory of social development stages, which theories form the basis which enables the assumptions of social engineering to be implemented. The article also presents the sources of inspiration that R. Pound was guided by in the process of developing his theories. The concept of social engineering is compared to the theories of Leon Petrażycki, Alf Ross, and Karl Popper. The benefits and threats of social engineering are also indicated. The conclusions touch upon the subject of the topicality of R. Pound’s philosophy in the context of contemporary democracy and the potential threats to civil liberties that could flow from the implementation of the assumptions of R. Pound’s philosophy.

Keywords: sociological jurisprudence, Roscoe Pound, social engineering, social interest, American legal realism, legal realism

Language: Polish

Received: 26.02.2018
Accepted: 01.09.2018

Published: Number 1(19)/2019, pp. 94-107

DOI: https://doi.org/10.36280/AFPiFS.2019.1.94

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Number of downloads: 831

Lawyers’ professional roles in the light of the good governance model

Mgr Mariola Żak

University of Warsaw


English abstract: The aim of the present paper is to verify the thesis that the institutionalization of regulatory solutions promoted by the idea of good governance leads to a change in the way lawyers and their professional responsibility towards civil society are perceived. Considering the claims that the positivist paradigm of government is in crisis and the postulates of changing the legitimacy of the judiciary expressed in the governance concept, the way in which the social roles of lawyers are understood needs reinterpreting. In the first place, the role of concepts of governance and good governance in contemporary law is described. Then normative coordination models of collective actions by means of which the ideas of governance and good governance can be put into practice are characterized. Finally, the traditional professional roles of lawyers and their so-called accessory roles are presented. The considerations constitute a normative meta-analysis, referred to as meta-governance. The reflection is conducted according to the descriptive method. The article is a contribution to future research and an attempt to identify the major problems faced by lawyers in connection with the implementation of good governance.

Keywords: good governance, social steering, legal multicentrism, normative standard, lawyer’s professional roles, positive responsibility, professional competence

Language: Polish

Received: 06.06.2017
Accepted: 16.08.2017

Published: Number 1(16)/2018, pp. 103-120.

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Number of downloads: 411

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