About the role of lay judges in judicial system in a democratic state of law. Polemical article Cover Image

O roli ławników w sprawowaniu wymiaru sprawiedliwości w demokratycznym państwie prawa. Artykuł polemiczny
About the role of lay judges in judicial system in a democratic state of law. Polemical article

Author(s): Michał Grudecki
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, History of Law
Published by: Kancelaria Sejmu
Keywords: lay judge; judicial system; court; social factor; judge; democratic state of law

Summary/Abstract: The aim of the article is to present the role of lay judges in the judicial system, taking into account the advantages and disadvantages of this institution as well as specific principles resulting from the principle of a democratic state of law. The article also assesses the introduction of the lay judge institution to the Supreme Court and presents de lege ferenda postulates regarding the improvement of the functioning of this institution as a form of social factor participation in court proceedings. It was also considered to what extent judges – including lay judges – have an influence on making the law. The conducted research is mainly based on Michał Kaczmarczyk’s monograph on this issue, which makes the text partly of a polemic nature.

  • Issue Year: 2022
  • Issue No: 6
  • Page Range: 207-231
  • Page Count: 25
  • Language: English, Polish