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3079 results in Jagiellonian University Press

Page 76 of 154

  • The Land of the Elephant Kings: Space, Territory, and Ideology in the Seleucid Empire, Harvard University Press, Cambridge, MA–London 2014, pp. 423, b/w ill., 9 maps, ISBN 978-0-674-72882-0

  • from Review
  • Edited by Edward Dąbrowa, Jagiellonian University, Krakow
  • Book:
    Central Asia and Iran - Greeks, Parthians, Kushans and Sasanians
    Published by:
    Jagiellonian University Press
    Published online:
    12 January 2018
    Print publication:
    01 January 2015, pp 251-254

  • Summary

    After many years of stagnation, we are observing a huge interest in the history of the Seleucid Empire. This revival can be attributed to at least several factors, including the publication of Babylonian astronomical diaries written in the Hellenistic period and containing information about previously unknown historical events in Mesopotamia, as well as finds of new inscriptions, numerous studies on the numismatics of the Seleucids and, to a limited extent, archaeological discoveries. To these, we should also add scholars’ extensive interest in the political history of the Hellenistic world and those aspects of its past which had previously not been the object of much attention: the structure of power and its operation, the role of social elites, ideology and propaganda in the service of the Hellenistic rulers, the place of the cultural legacy of the civilisations that the Greeks conquered in the structures of the states they created, etc.

    Owing to these factors, the history of the Greeks in Central Asia, Mesopotamia and Iran also came to interest scholars. This interest is shown by the rapidly growing number of publications in recent years. One of the latest of these is Paul J. Kosmin's book, which tackles a problem previously given scant attention in studies on the Seleucids. In what way, the author asks, did they build the foundations of their rule in areas that were extremely diverse culturally and geographically? He is interested in the symbols and propaganda tools they used to legitimise their government and in how they used the geographical realities of the various lands and organised the space over which they ruled (pp. 4–5), taking as his starting point Megasthenes’ work Indica. Kosmin is aware that the conclusions his research leads to only refer to th e limited geographical area that constitutes the object of his interest.

    Notably, the author uses interesting and innovative research methodology, in which he combines the historical approach standard in most previous studies of the Hellenistic era with an anthropological one that allows him to look at the problems that interest him from a different research perspective. The book is divided into four parts, titled “Border”, “Homeland”, “Movement” and “Colony”, each of them containing two chapters.

  • Davis v. F.E.C.: 554 U.S. 724 (2008)

  • Paweł Laider, Jagiellonian University, Krakow, Maciej Turek, Jagiellonian University, Krakow
  • Book:
    Basic Documents in Federal Compaign Finance Law
    Published by:
    Jagiellonian University Press
    Published online:
    12 January 2018
    Print publication:
    01 January 2015, pp 113-116

  • Summary

    Just one year after the Wisconsin Right to Life decision, the Supreme Court came across another dispute concerning the constitutionality of the Bipartisan Campaign Reform Act. The issue referred to section 319(b) of the legislation, called the ‘Millionaire‘s Amendment’, which imposed special exceptions to contribution limits made by certain candidates in federal elections. The law demanded special information before the electoral process from candidates who planned to spend more than $350,000 from their own funds, which, in turn, provided the possibility to their opponents of increasing campaign spending, by allowing them to raise the donation limits they could accept from individual contributors and their national political party. A millionaire, Jack Davis, a Republican turned Democrat, challenged the BCRA provision, arguing that it violated his rights provided by the First and Fifth Amendments to the Constitution.

    The Supreme Court decided Davis v. F.E.C. on appeal in 2008. Five conservative Justices reached similar conclusions as to the scope of the freedom of speech of candidates in federal elections, stating that Davis’ financial status put him in an unequal position relative to his opponents in the congressional race. In the majority opinion, Justice Samuel Alito declared that the First Amendment was created in order to promote the free exchange of opinions, with no regard to the material status of the speaker. For liberals on the Court, it was obvious that the ‘Millionaire's Amendment’ was implemented in order to protect the system from the uncontrolled flow of big money into the electoral process, and to pursue the idea of the equalization of chances to be heard by non-wealthy candidates. This was now held unconstitutional by the conservative majority on the Court.

    MR. JUSTICE ALITO delivered the opinion of the Court…

    We turn to the merits of Davis’ claim that the First Amendment is violated by the contribution limits that apply when §319(a) [Millionaire's Amendment] comes into play. Under this scheme, as previously noted, when a candidate spends more than $350,000 in personal funds and creates what the statute apparently regards as a financial imbalance, that candidate's opponent may qualify to receive both larger individual contributions than would otherwise be allowed and unlimited coordinated party expenditures.

  • Nominal Compound Strategies in Middle Iranian Languages

  • from Linguistics
  • Edited by Anna Krasnowolska, Jagiellonian University, Krakow
  • Book:
    Studies on the Iranian World: Before Islam
    Published by:
    Jagiellonian University Press
    Published online:
    12 January 2018
    Print publication:
    01 January 2015, pp 31-50

  • Summary

    SUMMARY

    One of the interesting aspects of word formation is the study of compounding, especially the grammatical character of the elements of the compound and their semantic relations. It is also important to identify the most common type of compounds in a given language. The aim of this article is to investigate the nominal compound strategies in some Middle Iranian languages such as Middle Persian (a Western Middle Iranian language), Sogdian (an Eastern Middle Iranian language) and Bactrian (an Eastern-Western Middle Iranian language). The focus here will be on nominal compounds consisting of two elements. After analyzing the grammatical and semantic structure of compounds in each language, I will compare them to each other. Finally, similarities, differences and the most common strategies will be summarised.

    INTRODUCTION

    In recent years, various works have been published relating to Iranian names. While the series of ‘Iranisches Personennamenbuch’ is one of the most important works on this topic, there are also other articles published by different experts, such as Zimmer's article ‘Zur sprachlichen Deutung sasanidischer Personennamen’ (1991: 109–150) or Schmitt's ‘Iranische Namen’ (1995a: 678–690) and ‘Morphologie der Namen: Vollnamen und Kurznamen bzw. Kosenamen im Indogermanischen’ (1995: 419–427). In these materials, we find long lists of compounds. These materials give us an opportunity to study the structure of personal name compounds in Iranian languages. Besides personal names we can observe other kinds of compounds in Iranian languages. In the current study both personal name and non-personal name compounds are studied. As the personal name compounds possess distinct characteristics, I prefer to discuss them separately. In both of these groups, first, the grammatical characteristics of elements are identified and the most common form is introduced. Secondly, the compounds are classified according to the semantic relationship of the elements to each other. For this study of compounds I have chosen three Middle Iranian languages: Middle Persian, which is a typical Western Middle Iranian language; Sogdian, an Eastern Middle Iranian language and finally Bactrian, which belongs to the Eastern group of Middle Iranian languages, but which also possesses some characteristics of Western Middle Iranian languages. We will also discover the ways in which Bactrian is close to the Western languages in the features of its compounds.

  • Between Ownness and Alienness: Towards the Dialectic of Cultural Heritage

    • By Cezary Woźniak, Institute of Culture, Faculty of Management and Social Communication of the Jagiellonian University
  • Edited by Łukasz Gaweł, Jagiellonian University, Krakow, Ewa Kocój, Jagiellonian University, Krakow
  • Book:
    Cultural Heritage - Management, Identity and Potential
    Published by:
    Jagiellonian University Press
    Published online:
    10 January 2018
    Print publication:
    01 January 2015, pp 131-139

  • Summary

    Abstract: The article Between Ownness and Alienness: Towards the Dialectic of Cultural Heritage is an attempt to present cultural heritage, or cultural identity, as an effect of two basic factors: that which is one's own, and that which is alien. “Ownness” and “alienness” are the most general categories of our interpretation of the world, one of the most important categories that enable us to perceive, describe, and organize reality. The dividing line between the two would define the area of cultural heritage.

    Drawing on the thought of Heraclitus (especially fragments B 8 and B 122) the author first discusses the dialectic of oppositional categories of “ownness” and “alienness”, proceeding to describe the immanently cultural occasion of an “encounter with the alien”, drawing on the ideas of Kant, Scheler, Heidegger, Gadamer, Lacan and Waldenfels, to round up his argument by linking his reflection to the question of cultural heritage, which – in view of the whole reasoning – appears as a historical record of the encounter with alienness. Th e author refers to the literary oeuvre of Gombrowicz and the painting of Nowosielski as examples creative output linked to the question of ownness and alienness.

    Key words: ownness, aliennes, opposition, cultural heritage, culture, dialectics, meeting with alien, Heraclitus, Kant, Heidegger, Gadamer, Lacan, Waldenfels, Nowosielski, Gombrowicz

    Introduction

    The article “Between Ownness and Alienness: Towards the Dialectic of Cultural Heritage” is an attempt to present cultural heritage, or cultural identity, as an effect of two basic factors: that which is one's own, and that which is alien. “Ownness” and “alienness” are the most general categories of our interpretation of the world, one of the most important categories that enable us to perceive, describe and organize reality. The dividing line between the two would define the area of cultural heritage.

    Drawing on the thought of Heraclitus (especially fragments B 8 and B 122) the author first discusses the dialectic of oppositional categories of “ownness” and “alienness”, proceeding to describe the immanently cultural occasion of an “encounter with the alien,” drawing on the ideas of Immanuel Kant, Max Scheler, Martin Heidegger, Hans-Georg Gadamer, Jacques Lacan and Bernhard Waldenfels, to round up his argument by linking his reflection to the question of cultural heritage, which – in view of the whole reasoning – appears as a historical record of the encounter with alienness.

  • 3 - Perception of various value groups in management

  • from SECTION ONE - MANAGEMENT OF VALUE AND BY VALUE. SURVEY RESEARCH
  • Andrzej Herman, University of Gdansk, Tadeusz Oleksyn, Jagiellonian University, Krakow, Izabela Stańczyk, Jagiellonian University, Krakow
  • Book:
    Management by Values (MBV)
    Published by:
    Jagiellonian University Press
    Published online:
    12 January 2018
    Print publication:
    01 January 2015, pp 23-36

  • Summary

    There is a significant number of values that both complement each other and compete with each other. Due to the great variety, there is the need for their grouping, which may be executed in various ways. However, it is difficult, or actually impossible to group values in such a manner as for the divisions to be adequate and separable as a multitude of values indicate relations with different groups, while moreover certain values are of an aggregated nature, synthetic so to speak, whereas others are more elementary. There are various sets of values and the ties between them which are frequently of the nature of conjunction – composite values have some common values, while others are separate.

    In various eras, periods and regions of the world different values have been preferred; alongside the common and timeless ones, certain values emerged or increased in terms of importance, while others lost their level of significance. Our research relates to the values that are significant in terms of contemporary management in Poland. These values are approximate to those that are acclaimed in the EU, of which we have been formally part of since 10 years ago, although our historical and cultural ties with Europe have an incomparably longer history.

    In management that respects values, the significance that is attributed to them is relevant. Without the familiarity of this significance and explicitness of the notions, it would be difficult to analyse these values and deal with the issue in general. Hence, the project of the catalogue of values for use in management was prepared (T. Oleksyn 2012; slightly modified version dating from 2014 is presented in the third section of this report), encompassing 30 chosen values, set out in four groups of values as follows:

  • – economic;

  • – ethical and cultural;

  • – competence and development;

  • – social and civic.

    • This type of catalogues are scarce in terms of their preparation in the world; in the majority of cases they relate to the values respected by employees or in business. A catalogue of values for use in management or economics is even more difficult to find.

  • Stoicism at War: from Epictetus and Marcus Aurelius to James Stockdale

  • from I - RESILIENCE IN THE PHILOSOPHICAL AND THE EXISTENTIAL CONTEXTS
  • Tadeusz Marian Ostrowski, Jagiellonian University, Krakow, Iwona Sikorska, Jagiellonian University, Krakow, Krzysztof Gerc, Jagiellonian University, Krakow
  • Book:
    Resilience and Health in a Fast-changing World
    Published by:
    Jagiellonian University Press
    Published online:
    12 January 2018
    Print publication:
    01 January 2015, pp 47-58

  • Summary

    Abstract

    The chapter is devoted to the analysis of ancient Stoic philosophy as a source of resilience for soldiers. Firstly, some historical cases are investigated, from a Roman Emperor Marcus Aurelius to more recent instances from Vietnam and Iraq. Secondly, in turn, the Epictetus’ distinction between the controllable and the uncontrollable is introduced with the focus on the prescription to assign value only to the former as the Stoic source of resilience. Finally, some further questions are briefly addressed including the ones concerning the sources of the Stoicism's appeal to the soldiers, its more particular applications as well as the potential drawbacks of the Stoic resilience.

    Key words: resilience, stoicism, soldiers, Marcus Aurelius, James Stockdale

    “If your philosophy doesn't work in the most dire circumstances, then abandon it now, because itʼs a Starbucks philosophy.”

    Major Thomas Jarrett, cited in: Evans, 2013, p. 70

    ‟Each person's master is the one who has power over what that person wants or does not want, so as to secure it or take it away. Whoever, then, wants to be free, let him neither want anything, nor avoid anything, that depends on others; otherwise, he must necessarily be a slave.ˮ

    Epictetus, Handbook, 14

    ‟Hippocrates, after healing many a sick man, fell sick himself and died… Alexander, Pompeius and Gaius Caesar times without number utterly destroyed whole cities, and cut to pieces many myriads of horse and foot on the field of the battle, yet the day came when they too departed this life… And lice caused the death of Democritus, and other vermin of Socrates.”

    Meditations, III, 3

    The aim of this chapter is to investigate resilience in two quite particular contexts. Firstly, more specifically, it is the Stoic philosophy that will be scrutinised as a resource that enables the individual to cope resiliently with an adversity. Secondly, in turn, individuals one will be dealing with here are a special professional group of soldiers, soldiers met within a vast historical and cultural spectrum.

    The choice of soldiers as a focus of attention can be justified by referring to very special environmental pressures in which the members of this profession often find, or at least always may find, themselves.

  • Sakastan in the Fourth and Fifth Century AD. Some Historical Remarks Based on the Numismatic Evidence

  • Edited by Edward Dąbrowa, Jagiellonian University, Krakow
  • Book:
    Central Asia and Iran - Greeks, Parthians, Kushans and Sasanians
    Published by:
    Jagiellonian University Press
    Published online:
    12 January 2018
    Print publication:
    01 January 2015, pp 227-248

  • Summary

    Abstract: This article discusses the Sasanian coinage from the region of Sakastan during the latter part of the 4th and the 5th century AD. Only through a comprehensive collection of material and a detailed re-evaluation of already examined coins was it possible to reconstruct a continuous series of Sakastan coins stretching from Ardashir II (379–383) to Wahram V (420–438). The implications of this numismatic evidence for our understanding of the history of Sakastan in this period are discussed in some detail, also taking into account further numismatic data from Eastern Iran.

    Key words: Sasanian history, Sasanian numismatics, Sakastan, Eastern Iran.

    Introduction

    Having already dealt with the Sasanian mints in Khurasan during the 5th century, a closer look at the neighbouring region of Sakastan not only completes the picture, but also – as I hope to be able to show – adds to the larger picture of Iranian and Eastern Iranian history in several respects. To separate the material presentation which, as it is, rests on a safe (even if small) material basis, represented by Sasanian coins, from the necessarily more hypothetical historical conclusions, I will first present and discuss the numismatic material available to me, and then consider what we can learn from it for our knowledge of Eastern Iran in the 4th and 5th centuries AD.

    Sasanian issues from Sakastan in the 3rd and 4th centuries

    To understand the monetary history of Sakastan during the late 4th and the 5th century AD, a short overview on its numismatic role during the 3rd and 4th century is advisable. With a very high degree of probability, we can state that Sasanian coins were first struck in Sakastan already under Ardashir I (224–241). Although unsigned, a group of drachms as well as large copper coins featuring an additional, unbearded bust on the obverses seems to belong to Sakastan. The main argument for this attribution is the chemical composition of the latter: it is similar to that of local issues of the Indo-Parthian ruler Farn-Sasan, and markedly different from Ardashir I's Western bronzes, as are the weights, which also show close similarities with Farn-Sasan's issues.

  • 2 - Qumac S.A. – Values in an innovative firm

  • from SECTION TWO - CASE STUDIES
  • Andrzej Herman, University of Gdansk, Tadeusz Oleksyn, Jagiellonian University, Krakow, Izabela Stańczyk, Jagiellonian University, Krakow
  • Book:
    Management by Values (MBV)
    Published by:
    Jagiellonian University Press
    Published online:
    12 January 2018
    Print publication:
    01 January 2015, pp 181-198

  • Summary

    Genesis and history

    The company Qumak S.A. is one of the greatest integrators of the Polish ICT market. This was formulated as a result of the two-stage merger of several firms, which had been cooperating with each other for a long time prior to this.

    In 2000, the following enterprises were encompassed into the structure of the Warsaw-based company Sekom S.A.: Blue Bridge Sp. z o.o. and Gandalf Polska Sp. z o.o. Subsequently, three fi rms (Sekom S.A., Qumak International Sp. z o.o. and Pulsar Electronics) created Sekom Group.

    The second stage (in 2002) involved the transformation of Sekom Group into the listed company Qumak–Sekom. Currently, the headquarters are located in Warsaw, with a branch in Cracow and a subsidiary in Bielsko-Biała. Since 2006, this company has been listed on the Warsaw Stock Exchange.

    The merger of partners that had known each other well prior to that led to the case whereby it increased their potential and capacity, while also being able to realize greater orders, significantly increase sales and profit and also increase the level of competitiveness. A very significant factor that had an impact on the development of the company was to become listed on the Stock Exchange and utilize the capital gained. Within five years (2005–2010), the turnover of Qumak–Sekom S.A. grew threefold – from 113 m PLN to 329 m PLN. Since January 2013, the company has been called Qumak S.A.

    The company implemented a system of quality management for the services rendered by it for which it received the EN ISO 9001 certificate in 2005 (in 2011 this was extended by a further three years in the second process of recertification in a row). The certificate encompasses all the services rendered within its scope. It is currently headed in the direction of the philosophy of Total Quality Management and combining the philosophy of HRM into a standardized system of TQ HRM. The orientation towards a high level of competences and distinctive quality is well-associated with the orientation towards clients and the pursuit of their satisfaction, as well as the ever more complex servicing.

  • The Federal Corrupt Practices Act: 43 Stat. 1070 (1925)

  • Paweł Laider, Jagiellonian University, Krakow, Maciej Turek, Jagiellonian University, Krakow
  • Book:
    Basic Documents in Federal Compaign Finance Law
    Published by:
    Jagiellonian University Press
    Published online:
    12 January 2018
    Print publication:
    01 January 2015, pp 20-21

  • Summary

    Apart from the growing influence of money in the electoral process, and increased criticism of the legislation, there was another, more political reason for a legislative initiative on the issue of campaign finance in the 1920s: the Teapot Dome scandal. The controversial lease of Navy petroleum reserves by government officials to businessmen became a subject of investigation, which revealed serious corrupt practices among high ranking political officers. Although the scandal did not directly refer to the issue of campaign finance, the investigation proved that large contributions were made by big business to politicians during non-election years. Therefore, after the Newberry precedent and Teapot Dome Scandal, Congress decided to act by passing another Federal Corrupt Practices Act.

    The legislation was aimed at enhancing the enforcement of the campaign finance laws by granting more powers to Congress and imposing stricter regulation. It placed more restrictions on the size and character of campaign contributions, as well as on the disclosure of financial reports, which now had to be filed quarterly. Every donation of $100 or more, made in both election and non-election years, was now reportable. While the limits on how much candidates were able to spend in U.S. Senate elections were now raised, these regulations were confined to general elections, in accordance with the Newberry decision. As time showed, the 1925 law became the major legislation in the area of campaign finance for the next four decades, until early the 1970s and the enactment of the Federal Election Campaign Act.

    Sec. 301. This title may be cited as the “Federal Corrupt Practices Act, 1925”…

    Sec. 303. (a) Every political committee shall have a chairman and a treasurer. No contribution shall be accepted, and no expenditure made, by or on behalf of a political committee for the purpose of influencing an election until such chairman and treasurer have been chosen.

    (b) It shall be the duty of the treasurer of a political committee to keep a detailed and exact account of – (1) All contributions made to or for such committee; (2) The name and address of every person making any such contribution, and the date thereof;

  • Quiet Lives and Looming Horrors – Subversive Narrative Strategies in the Earliest Short Stories of Zōyā Pīrzād

  • from Literature
  • Edited by Anna Krasnowolska, Jagiellonian University, Krakow, Renata Rusek-Kowalska, Jagiellonian University, Krakow
  • Book:
    Studies on the Iranian World
    Published by:
    Jagiellonian University Press
    Published online:
    12 January 2018
    Print publication:
    01 January 2015, pp 107-116

  • Summary

    SUMMARY

    This paper discusses a feature of the narrative style of the Persion fiction writer Zōyā Pīrzād in her first collection of short stories ‘Like all the afternoons’ (1991), namely subversive narrative strategies, i.e. strategies with a potential to counteract the story as it is told expressly by the narrator. The short stories ‘The rabbit and the tomato’, ‘The neighbours’, and especially ‘The stain’ are discussed in view of narrative elements applied to that effect (mise en abyme, parallel settings, title focus, unreliable narrator). The ambiguity of the short stories’ contents resulting from subversive narrative strategies is proposed as a factor contributing to Pīrzād's success with the readers.

    The works of the Persian fiction writer Zōyā Pīrzād (born in Ābādān 1952; in the following ZP) have received considerable attention. The many reprints, translations, and prizes awarded to her works2 are all indicators of the favourable reception both by readers and institutions of literary criticism.3 One point of scholarly interest is ZP's narrative style, especially in her later works, but also in her earlier ones, including the one focused on here, her first collection of short stories Mes̱l-e hame-ye ʻaṣrhā ‘Like all the afternoons.’

    One typical feature of ZP's style is that protagonists are characterized by hints at mental processes via gestures rather than by naming them. Another feature proposed here is that the characterizations of some protagonists are conveyed even more implicitly: by narratives that subvert the portraits presented on the surface. Such strategies on the level of the narrative that compromise the situations described by the narration are what is referred to here as subversive narrative strategies, and subversive narrative strategies in Mes̱l-e hame-ye ʻaṣrhā will be our object.

    Mes̱l-e hame-ye ʻaṣrhā contains (depending on the edition) 15 to 18 short stories; they cover 2 to 7 pages in length and are told by various types of narrators; most of them are realist depictions of fictitious realities, with rare resorts to the fantastic; they evolve around one to four central characters – most, but not all of which are women; the majority is set indoors, but there are also some outdoor settings such as a staircase and an antique store.

  • Cultural Heritage as a Shared Resource. The Role of Collaboration Between Stakeholders in Cultural Heritage Management

    • By Anna Góral, Institute of Culture, Faculty of Management and Social Communication of the Jagiellonian University
  • Edited by Łukasz Gaweł, Jagiellonian University, Krakow, Ewa Kocój, Jagiellonian University, Krakow
  • Book:
    Cultural Heritage - Management, Identity and Potential
    Published by:
    Jagiellonian University Press
    Published online:
    10 January 2018
    Print publication:
    01 January 2015, pp 55-66

  • Summary

    Abstract: A particularly important issue in the context of cultural heritage management is currently the question of sustainable development, in which cultural heritage objects are analyzed in terms of their economic, social and cultural values. Most accepted perspective in the current discussions focuses on the formulation and implementation of cultural policies. While on the other hand much less space is given to local communities, their needs and expectations in relation to the available resources of cultural heritage. In this text I will discuss the issue of the functioning of various objects of cultural heritage within local communities and management of those objects at the local level. Particular emphasis will be placed on the issue of multiplicity of cultural heritage stakeholders and interactions between them.

    Key words: cultural heritage, cultural heritage stakeholders, social participation, cultural heritage management

    A particularly vital issue in the context of cultural heritage management today is the question of sustainable development, in which cultural heritage objects are analysed in terms of economic, social and cultural values.1 The most common perspective adopted in the debates focuses on the formulation and implementation of cultural policies. Much less attention is devoted to local communities and their needs and expectations related to the available cultural heritage resources. The following text discusses the management of cultural heritage objects on the local level, and how such objects operate. Particular emphasis will be placed on the issue of the multiplicity of cultural heritage stakeholders and their mutual interactions.

    Introduction

    Concepts such as a ‘sense of belonging’ and ‘sense of identity’ are widely referenced in discussions about cultural heritage. There are also other words, including ‘culture’, ‘value,’ ‘tradition,’ ‘history,’ as well as associations with the UNESCO List of World Heritage Sites. Th is was confirmed by the report named “Dziedzictwo kulturowe w oczach Polaków – raport z badań społecznych” (“Cultural heritage in the eyes of Poles – social research report”), commissioned by the Ministry of Culture and National Heritage in 2012.2 Such connotations make people associate cultural heritage with something grand, e.g. an architectural object, which is of great importance to the history and cultural identity of the nation, like the Wawel Hill in Cracow.

  • 5 - Adaptations of Models of the Horizontal Effect of Constitutional Rights and Freedoms in the Polish Constitutional Reality

  • Monika Florczak-Wątor, Jagiellonian University, Krakow
  • Book:
    Applying the Constitution of the Republic of Poland in Horizontal Relations
    Published by:
    Jagiellonian University Press
    Published online:
    10 January 2018
    Print publication:
    01 January 2015, pp 79-138

  • Summary

    In case law there are a few models of the horizontal effect of constitutional rights of an individual, which models are not mutually exclusive, but rather complementary, because to a certain extent they can be applied at the same time. These models can be condensed down to four major ones, i.e. the model of the direct effect of constitutional rights, the model of their indirect effect, the model of the state's protection obligations in horizontal relations and the model of constitutional rights’ effect in horizontal relations under the banner of state action. All these models emerged and evolved through judicature, while the role of jurisprudence was mainly to describe them, systematize, justify and provide theoretical support for them. In effect, as a product of courts’ activity, these models have not been fossilized and cemented, but can be said to be constantly evolving and developing, taking into account all new changes which occur in the contemporary world.

    In my further reflections I attempt to determine the extent to which these models can be implemented in the Polish constitutional reality. However, in these reflections I omit the last of the aforementioned models, i.e. the state action model applied in the US. This model assumes that the Constitution applies in vertical relations only and if it formulates any prohibitions, they are targeted at the state and not an individual. In this model, the notion of ‘state action’ is understood broadly and covers, subject to certain conditions, also the cases when constitutional rights are actually infringed by a private entity. The US Supreme Court assumes that state actions which violate constitutional rights may include both actions of a private entity discharging, for instance, a public function transferred to it by the state and actions of a private entity supported by the state to such an extent that it is reasonable to attribute the infringements of constitutional rights perpetrated by that entity directly to the state. But the basic assumption of the model, namely that the Constitution applies in vertical relations only, is not approved in the Polish jurisprudence and judicature, and even though some of its solutions can apply to the Polish constitutional reality, I decided to leave it out of the further reflections due to its particularities.

  • 4 - The Scope of the Horizontal Effect of Constitutional Rights

  • Monika Florczak-Wątor, Jagiellonian University, Krakow
  • Book:
    Applying the Constitution of the Republic of Poland in Horizontal Relations
    Published by:
    Jagiellonian University Press
    Published online:
    10 January 2018
    Print publication:
    01 January 2015, pp 51-78

  • Summary

    Preliminary Remarks

    Acceptance of the approach according to which constitutional rights may have a horizontal dimension raises a question of the extent of their influence upon relations between private entities. The essence of this type of relations lies in both the parties being the beneficiaries of constitutional rights; hence, both the parties may invoke these rights demanding respect and protection for them. In the event of a collision of constitutional rights, it is necessary to delineate the scope of the horizontal effect of each of those rights, so that they can be exercised by both the right holders to the greatest extent possible. The idea of the scope of the horizontal effect of constitutional rights under the Polish law is most generally expressed in Art. 31 para. 2 of the Constitution, which imposes upon everyone an obligation to respect the freedoms and rights of others. At the same time, the successive paragraph of this Article grants to the legislator the right to interfere into horizontal relations in order to restrain constitutional rights of one entity in order to protect constitutional rights of another entity. Eventually, it is therefore the legislator, and then the court, that determines the scope of the horizontal effect of constitutional rights. The former will do so in an abstract manner and the latter in a tangible manner, taking into account the merits of the examined case. The purpose of this chapter is to describe the most optimum mechanism that would allow distinguishing, on an abstract and concrete planes, the constitutional rights that remain in a collision in horizontal relations.

    The Notion of Collision of Constitutional Rights

    Collision of constitutional rights is a phenomenon which is inscribed in the very heart of their existence. Two constitutional rights vested in two different entities driven by the desire to pursue their own, oft en opposing, interests inevitably trigger a collision. The legislator is far from attempting to prevent a collision of constitutional rights; quite the contrary – it attempts to describe and regulate it as one of many circumstances that simply occur in social life.

    Collision is defined as a concurrence of something that is incompatible or conflicting with something else, a clash of a moving object with another object, or simply a dispute, conflict or feud.

  • F.E.C. v. Colorado Republican Federal Campaign Committee: 533 U.S. 431 (2001)

  • Paweł Laider, Jagiellonian University, Krakow, Maciej Turek, Jagiellonian University, Krakow
  • Book:
    Basic Documents in Federal Compaign Finance Law
    Published by:
    Jagiellonian University Press
    Published online:
    12 January 2018
    Print publication:
    01 January 2015, pp 92-96

  • Summary

    In 1996 the Supreme Court adjudicated in Colorado Republican Federal Campaign Committee v. F.E.C., in which the Justices held that the provisions of the Federal Election Campaign Act were not applicable to political party expenditures which were not directly related to any candidate. The Republican Committee challenged in that case the coordinated expenditures restrictions, but the Court did not answer that question. The same issue was repeated by the Committee a few years later, leading to another lawsuit which again ended up in the Supreme Court. As a result, the same Justices answered the same legal question on the scope of the expenditure limits of political parties as imposed by the Federal Election Campaign Act.

    The Court declared that restrictions on coordinated expenditures were constitutional as they served an important state interest, and did not violate political parties’ right to freely participate in election campaigns for federal offices. This time, however, the distribution of votes was 5–4, producing not only a narrow-margin decision, but also revealing a strong division among liberal and conservative Justices. Sandra Day O'Connor was the only conservative who supported the majority opinion, whereas such Justices as Anthony Kennedy, William Rehnquist, Antonin Scalia, and Clarence Thomas wrote dissenting opinions, in which they undermined the compelling state interest arguments, arguing for broader protection of the freedom of speech of political parties.

    MR. JUSTICE SOUTER delivered the opinion of the Court

    In Colorado Republican Federal Campaign Comm. v. Federal Election Comm'n (Colorado I), we held that spending limits set by the Federal Election Campaign Act were unconstitutional as applied to the Colorado Republican Party's independent expenditures in connection with a senatorial campaign. We remanded for consideration of the party's claim that all limits on expenditures by a political party in connection with congressional campaigns are facially unconstitutional and thus unenforceable even as to spending coordinated with a candidate. Today we reject that facial challenge to the limits on parties’ coordinated expenditures…

    Spending for political ends and contributing to political candidates both fall within the First Amendment's protection of speech and political association. Buckley.

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