Strategic litigation and the problem of recognition in the area of the rights of children of same-sex couples to obtain an identity document and PESEL number Cover Image

Strategiczna litygacja oraz problem uznania w obszarze praw dzieci par jednopłciowych do uzyskania dokumentów tożsamości i numeru PESEL
Strategic litigation and the problem of recognition in the area of the rights of children of same-sex couples to obtain an identity document and PESEL number

Author(s): Julia Dziedzic
Subject(s): Law, Constitution, Jurisprudence, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: strategic litigation; same-sex couples; identity document; Supreme Administrative Court

Summary/Abstract: The article deals with the issue of strategic litigation in the time of historical dismay — a term which refers to the current time, characterized by, inter alia, the decline of a stable axiological framework for law-related practices in Polish society. First, I discuss strategic litigation and historical dismay. Then, the notion of political and legal culture as proposed by Paweł Jabłoński and Przemysław Kaczmarek is depicted and developed. I suggest supplementing the above-mentioned authors’ concept of the limits of juristic powers with an additional element: the primary choice relationship. Finally, I present conclusions on the impact of historical dismay on the limits of juristic powers and the peculiarity of strategic litigation. The problem of the further perspectives of liberalism is also addressed.

  • Issue Year: 41/2022
  • Issue No: 1
  • Page Range: 51-73
  • Page Count: 23
  • Language: Polish