Czy powrót ustawowego bezprawia?
A Return of Statutory Lawlessness?

Summary/Abstract: Constitutional crisis confronts legal practice with philosophical problems thatnormally may seem abstract or even purely academic. Among those, there isa question of material (content-dependent) criteria of legal validity, namely whetherlegal norms may actually have any content and remain binding elements of the law.It becomes palpable due to the legislative initiatives to decriminalize some violationsof law committed by governmental officials. Such regulation deserves discussionin the light of theoretical conceptions of the claim to correctness (justice, righteousness) as a necessary feature of each act of enacting or applying the law. Arguably,even weaker conception of such claim, relying on the correctness relative to thepublic morality reflected in the fundamental values and principles of the positivelaw, is sufficient to challenge the potential presumption of validity of such decriminalizing provisions entailed by their possible formally accurate enactment.

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