The genesis of legislative lawlessness against legal comparative Cover Image

Geneza odpowiedzialności państwa za bezprawie legislacyjne
The genesis of legislative lawlessness against legal comparative

Author(s): Małgorzata Lewandowska
Subject(s): Law, Constitution, Jurisprudence
Published by: Instytut Nauk Prawnych PAN
Keywords: liability of the State; legislative lawlessness; creation of law; lawlessness; history

Summary/Abstract: Indemnification of state for legislator’s actions is a special, far-reaching kind of responsibility according to which, the state is responsible for actions of public authority. But we must remember that the responsibility of the state for the actions of public authority is not unitary, but carried out in the framework of several complementary compensation bodies. There is also no doubt, as shown in the description, that the responsibility of the state for legislature is a legal and natural consequence, having its roots in antiquity /Greece, Rome/. Regardless of its evolution, the accepted thesis that this responsibility is an emanation of liability rules in force at the stage of development of the natural law – is, in my opinion, true.This, in turn, fills with the huge optimism because the principle on the basis of which arose this law – namely – that compensation is payable to the victim from the perpetrator of the damage – despite thousands of years of evolution is still in force although in a modified form. The idea of righteous law, therefore, serving the elimination of lawlessness, continuously evaluates.

  • Issue Year: 202/2015
  • Issue No: 2
  • Page Range: 65-81
  • Page Count: 17
  • Language: Polish