abuse of the law

  • Dyskurs nad wprowadzeniem kontroli konstytucyjności prawa w dobie Konstytucji marcowej

    Author: Michał Mistygacz
    Institution: Uniwersytet Warszawski
    ORCID: https://orcid.org/0000-0001-7083-7840
    Author: Jacek Zaleśny
    Institution: Uniwersytet Warszawski
    ORCID: https://orcid.org/0000-0002-8231-4454
    Year of publication: 2021
    Source: Show
    Pages: 191-201
    DOI Address: https://doi.org/10.15804/ppk.2021.04.09
    PDF: ppk/62/ppk6209.pdf

    Considerations on the introduction of the constitutional control of the law in the era of the March Constitution – reconstruction of the discourse

    The subject of the article is the reconstruction and explanation of the considerations on the failure to introduce the constitutional control of the law in the era of the March Constitution. It is argued that this was an issue noticeable by participants in legal and political relations, which was repeated during the period when it was in force, in particular after 1926 – due to the progressive abuse of the law and the fascization of political relations. Representatives of the doctrine of constitutional law are assigned a special role in promoting the importance of the control of the law for the process of building the rule of law. In this context the thesis of the article is as follows: the attitude to the control of the constitutionality of the law was not politically indifferent. It is argued that it was primarily the right-wing formations that opted for it, while the left-wing formations were against it.

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