Oddziaływanie zmian politycznych na sytuację wymiaru sprawiedliwości
The Impact of Political Change on the Situation of the Judiciary

Summary/Abstract: The study concerns the impact of political changes on the situation of the justice system in various states. The introduction presents issues related to the separation of powers, from Montesquieu’s theory to attempts to build state systems based on these values. A special role is played by the judiciary, because on the one hand it is supposed to be independent, but on the other it must apply the law adopted by the legislative power, often being also dependent on the executive power. Several examples present situations in which changes in the justice system occurred in the past after a group, even with quite significant social support, took power. From its complete destruction, as happened during the Khmer Rouge revolution, through its violent subordination in Argentina and Peru. Even when the justice system significantly supports the reforms introduced, as was the case in the Third Reich or in Chile, the executive power still subjects the legal system to significant pressure and ultimately strives to take control over it. The situation is usually repaired as a result of a change in the executive and legislative power, or as a result of internal pressure or international institutions, and often even armed intervention by third States.

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