„Desuetudo” and a formal interpretation of the rule of law Cover Image

Desuetudo a formalne rozumienie idei państwa prawnego
„Desuetudo” and a formal interpretation of the rule of law

Author(s): Jakub Wiecha
Subject(s): Politics / Political Sciences, Political Theory, Politics and society
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: desuetudo; formal interpretation of the rule of law; rule of law; validation of the law

Summary/Abstract: The article’s goal is to outline the relation between desuetudo, understood mainly as a derogation of an out-of-date norm while it is formally validated and remains an element of a legal system, and a formal interpretation of the rule of law. In the course of the analysis desuetudo is confronted with six formal postulates of the rule of law. The results of the analysis show that while the premises of desuetudo are relatively compatible with the rule of law, other elements interfere with it.

  • Issue Year: 43/2023
  • Issue No: 1
  • Page Range: 41-56
  • Page Count: 16
  • Language: Polish