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Alternative title:

Strategic litigation in the time of historical dismay : the case of Poland after 2015

Subject and Keywords:

culture   liberalism   the political   strategic litigation   legal interpretation   application of law   populism   human rights

Abstract:

The article deals with the issue of strategic litigation in the time of historical dismay — a term which refers to the current time, characterized by, inter alia, the decline of a stable axiological framework for law-related practices in Polish society. First, I discuss strategic litigation and historical dismay. Then, the notion of political and legal culture as proposed by Paweł Jabłoński and Przemysław Kaczmarek is depicted and developed. I suggest supplementing the above-mentioned authors’ concept of the limits of juristic powers with an additional element: the primary choice relationship. Finally, I present conclusions on the impact of historical dismay on the limits of juristic powers and the peculiarity of strategic litigation. The problem of the further perspectives of liberalism is also addressed.

Date issued:

2022

Resource Type:

text

DOI:

doi:10.19195/1733-5779.41.3

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. zo.o., Wrocław 2022   Copyright by CNS

Autor opisu:

WR U/PAdal