Dr hab. Aleksandra Wentkowska, prof. UŚ

University of Silesia in Katowice

English abstract: One of the most important issues recently addressed in literature is the threats to democracy and the rule of law. It is pointed out that the need to verify the role and tasks of key political institutions, primarily the state, is determined by the nature and dynamics of changes 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 Szymon Rundstein and Maciej Starzewski often raised concerns about the dangers associated with phenomena referred to as “anti-constitutional tendencies”. The studies they published addressed both internal threats and the dangers arising from the formation of fascist states and the Soviet state. The findings made back then remain highly relevant in the present day. 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.

Keywords: Fascism, democracy, rule of law, total state, authoritarianism, civil rights, Nazi and Soviet totalisms

Language: English

Published: Number 3(44)/2025, pp. 38-54.

DOI: https://doi.org/10.36280/AFPiFS.2025.3.38

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Number of downloads: 162

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Adam Mickiewicz University in Poznań

Abstrakt w języku polskim: The purpose of this article is to discuss Kant’s concept of juridical state as the foundation of the contemporary rule of law. Therefore, the article tries to answer two questions: (1) what character can be attributed to Kant’s concept of juridical state taking into account the obligations arising from it; (2) can the analysis of the Kantian juridical state have any impact on the contemporary understanding of the rule of law and if so, what can this impact be. In order to accomplish this task, moral presuppositions of Kant’s juridical state are discussed, according to the commonly accepted view that Kant’s political philosophy is closely linked with his moral and ethical reflection. Then, two interpretations of Kant’s juridical state – the liberal one and the authoritarian one – are analysed. The crucial difference between these interpretations lies in establishing the circumstances in which the duty of obedience to state power should be carried out. Then, Kantian juridical state is compared with two ways of understanding the rule of law – the material one and the formal one – in order to evaluate whether the rule of law should be considered as continuity of or rupture with the Kantian concept.

Keywords: Kant, juridical state, rule of law, liberalism, authoritarianism

Language: Polish

Received: 04.12.2018
Accepted: 05.03.2019

Published: Number 1(19)/2019, pp. 108-124

DOI: https://doi.org/10.36280/AFPiFS.2019.1.108

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Number of downloads: 790