O legitymizacji prawa (władzy) na przykładzie tzw. sporu o Trybunał Konstytucyjny
On the legitimation of law (power), taking as an example the dispute over the Constitutional Tribunal in Poland

Summary/Abstract: The aim of this article is to analyse the on-going dispute over the Constitutional Tribunal in Poland from the perspective of legal philosophy. The author first posits that an argument from the Rechtsstaat idea is inadequate for a prospective solution to this dispute, then that the dispute is based on the assumptions of an outdated paradigm, such as legal positivism and post-totalitarian models of law. In order to resolve the dispute, the author proposes reflection based on the model of a communicational concept of law and the idea of a civil community.

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