ZASADY USTROJU SĄDOWNICTWA W POGLĄDACH ALEKSANDRA MOGILNICKIEGO (1926-1929)
PRINCIPLES OF THE JUDICIAL SYSTEM IN THE VIEWS OF ALEKSANDER MOGILNICKI (1926-1929)

Summary/Abstract: The article aims to present and analyse Aleksander Mogilnicki's position on the principles of the judicial system in the years 1926-1929. Mogilnicki was a member of the Codification Commission for the Judicial System and wanted to create regulations that would most profoundly express, specify, and safeguard the principles of independence, irremovability, and non-transferability of judges. The first part presents the principles of the judicial system contained in the March Constitution of 1921, i.e., the independence and non-transferability of judges. However, the 1928 Law on the Judicial System did not fully implement these principles. Mogilnicki criticised the provisions which, in reality, gave more powers to the executive than to the judiciary. At the same time, he presented proposals to amend the provisions in order to implement the principle of judicial independence and increase the influence of general assemblies of judges on the courts. Despite temporary changes in the law made in March 1929, which gave certain guarantees to judges, such as non-transferability, 1932 brought further restrictions.

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