Subject and Keywords:
tripartition of public power ; the independence of judiciary ; the neutralisation of the inevitable superiority of public power ; judges’ independence ; the judicial control of public administration ; the control of public power ; administrative power ; democratic state ruled by law
Upon analysis, the current operational practice of Polish public power only serves to expose the relevance of classic and fundamental concepts of a democratic state ruled by law. Given the aggravating crisis of the formal and material attributes of a democratic state ruled by law, the systemic conditions capable of neutralising the inevitable superiority of public power (which were originally merely external to public administration) become increasingly important. The tasks of public administration should not be performed in the context which violates the foundations of a democratic state ruled by law. The state and law must not generate pathological administration practices. The extent of harm caused by such violations cannot be properly estimated.