On the threats to democracy and the rule of law: The philosophy of total states in the views of Szymon Rundstein and Maciej Starzewski
On the threats to democracy and the rule of law: The philosophy of total states in the views of Szymon Rundstein and Maciej Starzewski
Author(s): Sławomir Tkacz, Aleksandra WentkowskaSubject(s): History of Law, Constitutional Law, Political Philosophy
Published by: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Keywords: Fascism; democracy; rule of law; total state; authoritarianism; civil rights; Nazi and Soviet totalisms;
Summary/Abstract: One of the most important issues recently addressed in literature is the threats to democracy and the rule of law. It is pointed out that the need to verify the role and tasks of key political institutions, primarily the state, is determined by the nature and dynamics of changes in the modern world. The issue of threats to democracy and the crisis of the rule of law has frequently been discussed in Polish theoretical and doctrinal legal works produced after 1926. Authors such as Szymon Rundstein and Maciej Starzewski often raised concerns about the dangers associated with phenomena referred to as "anti-constitutional tendencies". The studies they published addressed both internal threats and the dangers arising from the formation of fascist states and the Soviet state. The findings made back then remain highly relevant in the present day. Therefore, in the context of the challenges faced by legal practice and legal science today, it seems justified to recall the conclusions formulated nearly 100 years ago.
Journal: Archiwum Filozofii Prawa i Filozofii Społecznej
- Issue Year: 44/2025
- Issue No: 3
- Page Range: 38-54
- Page Count: 17
- Language: English
