Some observations on the rule of law as applied in the Free City of Cracow Cover Image

O rządach prawa w Wolnym Mieście Krakowie uwag kilka
Some observations on the rule of law as applied in the Free City of Cracow

Author(s): Paweł Cichoń
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: state of law; legal sources; The Free City of Kraków; legalism; administration

Summary/Abstract: The paper is concerned with the analysis of certain constitutional and legal issues in the history of the Free City of Cracow. When explored, these issues might (at least partly) support the idea that the agencies of the City functioned along the lines which were characteristics of the Rechtsstaat. What was emphasized was the fact that the legal norms binding in the Free City complied with the systemic hierarchical order and were subject to promulgation. What was also emphasized was the development of administrative law that was of two-sidedly binding force. The provisions of this law were binding not only on the citizens but also on the administrative agencies. The next thing testifying to the fact that priority was granted to law was the introduction of legal responsibility of the officials for the failure to fulfill their duties. It was also pointed out that in the Free City no external control of the administration was introduced, in particular there were no administrative court. Besides, the impact that the representatives of the protective empires had on the activities of the Free City authorities as well as the opportunism of the local political millieu, caused that the Free City could hardly be regarded as a State governed by the rule of law.

  • Issue Year: 5/2012
  • Issue No: 3
  • Page Range: 241-254
  • Page Count: 14
  • Language: Polish