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Legal state and the constitutional state in Bohdan Kistiakovsky’s views

Legal state constitutional state Russia Ukraine State

Tyt. zeszytu: Orient daleki i bliski = Orient far and near

In Poland Bohdan Kistiakovsky remains largely anonymous researcher. This outstanding Ukrainian researcher deserves some attention due to his own concept of the legal state and remarks on methodology. In Russian and Ukrainian science very often a view is accepted, that Kistiakovsky actually identified the legal state with the constitutional state. Such a nation may however cause some doubts – generally Russian researchers, contemporary to Kistiakovsky, treated constitutional state and the legal state as two separate phenomena. Therefore it seems necessary to analyze potential differences between the legal state and the constitutional state in his thought. It would also be important to include his methodology and remarks regarding some more detailed questions regarding the state. On that basis, while taking into account his whole thought, it became possible to doubtlessly state that he treats the constitutional state and legal state as two separate phenomena and indicating a model for both of them.

Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

doi:10.34616/139094 ISSN 2080-332X ISBN 978-83-65158-18-5

Wrocławskie Studia Erazmiańskie. 2020, 14, s. 311-332

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