Autorytarna zmiana polityczna a wymiar sprawiedliwości

Abstrakt

The study concerns the impact of authoritarian political changes on the situation of the justice system in various states. The introduction presents issues related to the separation of powers, from Montesquieu’s theory to attempts to build state systems based on these values. The judiciary plays a key part in that regard, because on the one hand it is supposed to be independent, but on the other it must apply the law adopted by the legislative power, often while being subordinated to the executive branch. Such a scenario occurred several times when changes in the justice system were introduced after a group, even one with considerable public support, took power. It concluded with the system’s complete annihilation, as happened during the Khmer Rouge revolution, or its violent subordination in Argentina and Peru. Even when the justice system lent its support to the introduced reforms, as was the case in the Third Reich or in Chile, the executive power still subjects the legal system to significant pressure and ultimately strives to take control over it. The situation usually corrects its course as a result of a change in the executive and legislative power or as a result of internal pressure or international institutions, and often even armed intervention by third States.