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The state of law or the law of the state?

Boczek Michał

Zeszyty Naukowe. Organizacja i Zarządzanie / Politechnika Śląska

2019

z. 140

17--27

Rule of law is a collection of institutions that each society fulfills differently. The rule of law is a wider and more complex phenomenon than the courts and judges themselves. The rule of law cannot be based solely on the heroism of an individual or group of one or another category of persons. The rule of law must be a natural component of the legal order. The concept of the primacy of the role of the Constitution - requires the reliable cooperation of at least three authorities - legislative, executive and judicial authorities. Occasional and opportunistic legislation, not much in common with the rule of law. The law is not what we imagine, but what the responsible legislator has established. "There is no more cruel tyranny than that practiced in the shadow of laws and in the colors of justice." What are the rule of law? Can state power influence courts? Whether parliamentary majority equals omnipotence is the main theme of the proposed presentation. The author's assumption is to indicate the essence of the issue in an interdisciplinary approach, to pay attention to its multidimensionality and social importance, leaving the field to undertake own research.