Confessional Secrecy in Criminal, Civil and Administrative Cases as a Condition for the Implementation of the Constitutional Right to Freedom of Conscience and Religion

The text is devoted to the issue of protection of the secret of confession provided on the basis of criminal trial, civil and administration process. This secret is the immanent element of the rites of persons exercising their freedom of conscience and religion under Art. 53 sec. 1 of the Constitution. Freedom of conscience and religion is one of the most important. The differences in the approach to clergy witnesses and possible solutions for the unification of mechanisms governing their interrogation were presented.

Hercules is Disobedient! The Essence of Judicial Resistance through the Eyes of Ronald Dworkin

In global jurisprudence and legal theory, we are currently observing a renaissance of interest in the thought of Ronald Dworkin, an outstanding legal philosopher, lawyer and humanist with an incredible sense of justice. There is still debate over the practical application of integral legal philosophy. Dworkin’s philosophy marks the “third way” in the dispute between legal positivism and the natural law approach. Using Dworkin’s concept of law, an attempt can be made to answer the question to what extent can the conscience of a person holding the office of a judge influence the process of making/applying law? The desire to look for positive patterns of creating and reforming law pushes us to analyze recent changes through the prism of Dworkin’s philosophy. The previous years have revealed to us a universal value and feature of our legal system a judge who interprets the law becomes the central figure of legal culture.