Constitutional law of Socialist countries as a subject of study of the Western science. General issues Cover Image

Prawo konstytucyjne państw socjalistycznych jako przedmiot badania nauki zachodniej
Constitutional law of Socialist countries as a subject of study of the Western science. General issues

Author(s): Wojciech Sokolewicz
Subject(s): Law, Constitution, Jurisprudence
Published by: Instytut Nauk Prawnych PAN
Keywords: socialist countries; comparative law; legal systems of foreign states; constitutional law; vocational training

Summary/Abstract: Constitutional law is particularly important for the shaping, interpretation and application of law “in general” by state organs and the determination of the legal status of the citizen in the state and of a person in the society. This importance is sometimes undermined in Socialist states by the paucity and underdevelopment of procedures for the implementation of constitutional principles. The critical observations of Western authors referring to specific and detailed cases are thus partially justified by the actual delays and inhibitions, and partially even conform with the assessment ever more prevalent in the literature on the subject, written in Socialist countries. It should also be noted, however, that the Western authors are often are still too quick to generalise about transient or sporadic phenomena, and accept an exception as a rule, and look for the source of weaknesses in the system itself - in its philosophy and mechanism - caused by factors dysfunctional in relation to the system as such, such as bureaucratic attitudes of parts of the state apparatus.A look of Western authors on Socialist law - especially constitutional law - reveals aspects and relationships less noticeable when looked “from the inside” in all defects which are worthy of a discussion. The article directs the attention of the readers to such statements and assessments, while not being limited to polemics only.

  • Issue Year: 104/1990
  • Issue No: 2
  • Page Range: 127-176
  • Page Count: 50
  • Language: Polish
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