The rule of distinctiveness and independence of the courts and tribunal and the picture of polish judiciary in the contemporary society – a sociological and legal aspect Cover Image

Zasada odrębności i niezależności sądów i trybunałów a obraz polskiego sądownictwa we współczesnym społeczeństwie – aspekt socjologiczno-prawny
The rule of distinctiveness and independence of the courts and tribunal and the picture of polish judiciary in the contemporary society – a sociological and legal aspect

Author(s): Patryk Patoleta
Subject(s): History of Law, Constitutional Law, Transformation Period (1990 - 2010), Sociology of Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: Constitutional law; principle of separateness and independence of courts and tribunals; sociology of law; social opinion; crisis of the Polish judiciary;

Summary/Abstract: Considerations regarding the judiciary in Poland should begin with the constitution, which is the Constitution of the Republic of Poland of April 2, 1997, the principles of separateness and independence of courts and tribunals contained in it constitute the foundation of the justice system. The activity of the justice system is subject to social evaluation, and its direction undoubtedly affects the quality and fluency of the judicial function, which is justice. The present contribution is aimed at analyzing social opinions about the judiciary in Poland, identifying the most sensitive areas, demonstrating current trends in the society affected by the crisis of the judiciary, and presenting proposed steps that may be implemented by the judges' self-government or other public institutions in order to restore confidence in the judiciary, which as a consequence will enable the proper implementation of the constitutional principle that determines the independence and independence of the courts of the Republic of Poland.

  • Issue Year: 22/2019
  • Issue No: 41
  • Page Range: 181-192
  • Page Count: 12
  • Language: Polish