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- Title
A CRISIS OVER THE IDEA OF THE TRIPARTITE SEPARATION OF POWERS. SOME REMARKS ON THE GROUNDS OF THE CONTEMPORARY DISPUTE OVER THE CONSTITUTIONAL TRIBUNAL IN POLAND - LEGAL PHILOSOPHY PERSPECTIVE.
- Authors
Bekrycht, Tomasz
- Abstract
Almost in every book concerning a problem of law and order and democracy the principle of the tripartite separation of powers is indicated as one of the basic principles of the democratic state based on the rule of law. Last months in Poland’s legal and political culture a problem appeared which is widely called ‘a dispute over the Constitutional Tribunal’, ‘a dispute over democracy’ or ‘a crisis regarding the Constitutional Tribunal’. In my opinion, it is not only a political dispute as it is most often presented in the media but it is a philosophical issue difficult to resolve. Its explanation and potential solution must reach basic means of legal philosophy and the grounds of legal and political thinking. In this article I challenge a thesis that the dispute is immanently connected with our legal culture and involves a distinctive position of positive law in that culture with an attempt of creating jurisprudence in the shape of legal positivism.
- Subjects
SEPARATION of powers; DEMOCRACY; POLAND. Trybunal Konstytucyjny; LEGAL positivism; JURISPRUDENCE
- Publication
International Dialogue: East-West, 2018, Vol 5, Issue 4, p127
- ISSN
1857-9299
- Publication type
Article