Judyta Papp talks with Professor Andrzej Zoll about social sense of the law
If the public authority does not treat the legal order only as an instrument of exercising power, but primarily as a way to limit this power - then the legal system protects the state against autocratic designs of the authorities. Therefore, if the law is, so to speak, above the public authority, then we have the system of a democratic law-governed state, or at least a law-governed state, because as o whether it is truly democratic it depends on many other factors.
The history shows us law-governed states that were not democratic. Take, for example, 19th-century Prussia. Especially in its first period, this state did not have much in common with democracy, but it was ruled by the law, which was above the state authority and those authorities were bound by that law. Another important issue is: in what form will this law be established. If the law is established in the democratic form, i.e. it is the majority of the society that decides on the law in force, and the society elects, in free and democratic elections, their representatives who establish the law, then we can talk about a democratic law-governed state.
Judyta Papp in conversation with prof. Andrzej Zoll
Publication in the Constitutional Observer
Converstation on Wolters Kluwer - Lex.pl
Publication on PR-Controlled.com
Interview on Interia.pl
Photo by Judyta Papp