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Hegemoni i ich prawo w czasach polskiego komunizmu. Próba analizy prawnoustrojowej I filozoficzno-prawnej

100%
Bunikowski D.
Roczniki Naukowe Wyższej Szkoły Bankowej w Toruniu
|
2010
|
issue 9
95-114
EN
The author, developing his theory of hegemony, interprets legał and real actions taken by the Secretaries of the Polish United Workers' Party: Bierut, Gomułka, Gierek, General Jaruzelski, and by the Party itself. According to the constitutional and legał analysis, the Polish communist Secretaries did not often obey the law which was valid at the time. There are many examples of such actions: from illegal judicial processes „on demand of the authority", through criminal sanctions as well as civic and real restrictions for members of the political opposition, to unofficial officials' appointments or political directives/unofficial law of the Party, and marginalization of the due constitutional powers. The most controversial case of the realization of the hegemony law by the Party seems to be the enforcement of the martial law by General Jaruzelski in December 1981.
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