Oversight of the Justice Service Department of the Ministry of National Defence and the Directorate of Military Courts over District Military Courts (1946—1955) Cover Image

Nadzór Departamentu Służby Sprawiedliwości MON i Zarządu Sądownictwa Wojskowego nad wojskowymi sądami rejonowymi (1946—1955)
Oversight of the Justice Service Department of the Ministry of National Defence and the Directorate of Military Courts over District Military Courts (1946—1955)

Author(s): Marta Paszek
Subject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Military history, WW II and following years (1940 - 1949), Post-War period (1950 - 1989)
Published by: Wydawnictwo Uniwersytetu Śląskiego

Summary/Abstract: The scope of court administration’s influence on the courts as well as the judges remains an issue due to the necessity to, on the one hand, supervise the judiciary and, on the other hand, uphold the independence of courts and judges.In the period of activity of district military courts, the Justice Service Department of the Ministry of National Defence constituted the administrative body overseeing their functioning, and since 1950, its function was taken over by the Directorate of Military Courts.These institutions exceeded the scope of their administrative oversight, influencing the case law of military courts through, among others, exerting pressure on the judges and interfering with their independence, thus completely eradicating the independence of military courts by extension.

  • Issue Year: 17/2016
  • Issue No: 9
  • Page Range: 83-97
  • Page Count: 15
  • Language: Polish