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Alternative title:

Authoritarian situation and rule of law. Socio-legal explanations of the Polish constitutional crisis

Subject and Keywords:

constitutional crisis   authoritarianism   authoritarian situation   social authoritarianism   political authoritarianism   constitutionalism   societal constitutionalism   rule of law

Abstract:

The paper surveys the existing explanations of the current Polish constitutional crisis. For that sake the paper adopts a socio-legal perspective and introduces the concept of authoritarian situation, interpreted as a complex of social conditions which enable and/or facilitate the authoritarian form of government. As the examined studies prove, such an authoritarian situation has made a constitutional crisis in Poland possible. The paper discusses the explanations which concentrate on various factors conditioning the crisis, such as: class antagonism, the conflict of ideologies, the general legal culture of Polish society, professional legal culture, binding legal rules, and the condition of legal institutions (of law-making, law-applying, and constitutional politics). This discussion allows a conclusion that the causes of the constitutional crisis are multiple and much deeper than the current political conflict.

Place of publishing:

Wrocław

Resource Type:

text

Detailed Type:

article

Identifier:

ISSN 2300-7249   ISSN 0239-6661

DOI:

10.19195/2300-7249.43.1.11

Source:

PAd P 101182 II

Language:

pol

Abstract Language :

eng

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdbg