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  1. 1 Studia Iuridica

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  1. 1 Zakroczymski S.

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  1. 1 2019

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Did Totalitarian Experience Shape Democratic Norms? Struggle for the Independence of the Polish Judiciary and its Results: Conclusions from Talks with Professor Adam Strzembosz

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Zakroczymski S.
Studia Iuridica
|
2019
|
vol. 80
421-438
EN
This paper is a confrontation of the statements made by eminent Polish Professor of Law, Adam Strzembosz, in the interview published in the form of a book Między prawem i sprawiedliwością, with the views presented in the legal, historical, and sociological literature. I describe the ways judicial independence was limited in Communist Poland, and the strategies judges undertook to counteract that phenomenon. Special emphasis is put on the attitude of the “Solidarity” movement towards this problem and the judge’s behavior under Martial Law. In conclusion, I try to prove that the post-totalitarian trauma in Polish judiciary provoked an “over-sensitivity” in regard to the judicial independence.
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