Nieposłuszeństwo obywatelskie i sędziowskie w obliczu kryzysu konstytucyjnego
Civil Disobedience and Judicial Disobedience in the Face of a Constitutional Crisis
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Tha article tends to resolve two problems related to a constitutional crisis. In the first instance it asks – whether certain acts of people subjected to law and associated directly with a constitutional crisis shall be, perforce, recognized as the disobedience in view of the law, if one deems – on the one hand – Hans Kelsen’s positivistic idea, and on the other hand – the claims put forward on the concept of Gustav Radbruch’s Formula. The conclusions that can be drawn from the conducted analyses are the basis for deliberations about the second paper’s problem – whether citizens actions which are contrary to statutory law, but made in belief of their constitutional rights, shall be, perforce, recognized as civil dis- obedience, in the light of the fact that the presumption of the constitutionality mechanism is limited due to the Constitutional Court’s state of affairs.
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