Dr hab. Sławomir Tkacz, prof. UŚ, Dr hab. Aleksandra Wentkowska, prof. UŚ
University of Silesia in Katowice
English abstract: One of the most important issues recently addressed in the literature is the threat to democracy and the rule of law. It is pointed out that the necessity of verifying the role and tasks of key political institutions, primarily the state, is determined by the nature and dynamics of changes occurring in the modern world. The issue of threats to democracy and the crisis of the rule of law has frequently been discussed in Polish theoretical and doctrinal legal works produced after 1926. Authors such as Sz. Rundstein and Sz. Starzewski often raised concerns about the dangers associated with phenomena referred to as “anti-constitutional tendencies.” Their published studies addressed both internal threats and the dangers arising from the formation of fascist states and the Soviet state. The findings made at that time remain highly relevant today. Therefore, in the context of the challenges faced by legal practice and legal science today, it seems justified to recall the conclusions formulated nearly 100 years ago.
Key words: Fascism, democracy, rule of law, total state, authoritarianism, civil rights, Nazi and Soviet totalism
Language: polish
Published:Number 4(2025), pp. 58–76.
DOI: https://doi.org/10.36280/AFPiFS.2025.4.58
Number of downloads: 165,863
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