Oblicze polskiej dyktatury


  • Andrzej Gomułowicz Katedra Prawa Finansowego, Uniwersytet im. Adama Mickiewicza

Słowa kluczowe:

constitutional values, law authority, civil disobedience, judges’ authority, dictatorship, legislative lawlessness, instrumentalisation of law, absolute power


In Poland the position of a leader of political party Law and Justice has become the most important position in the country. His will has the power of law. The boundary between his will and the will of a state has blurred. The leader holds unlimited power, although he does not hold any public position. He is beyond legislative, executive and judiciary. The constitutional rule of control, complementing and hindering was replaced by charismatic power of the leader of Law and Justice. The power in Poland is held by one man. The „new law order” (Constitutional Court, National Council of the Judiciary of Poland, common courts, Supreme Court, prosecutors office) serves political purposes of the leader of Law and Justice. That is the reason for judges exchange in Poland. Lawlessness has become law. Law has been turned into a political instrument and it was done in the most vulgar way. Law serves Law and Justice’s political purpose, with disregard and disrespect to constitutional values. The system of constitutional values is not relevant for Law and Justice in the process of establishing law. A system based on autocracy is created. The main legislative competence is held by the leader of Law and Justice. Systematically, with absolute consistency, a totalitarian regime is built, where legislative and executive is under control of one man, who himself remains out of constitutional control and has no constitutional responsibility.