Delegitymizacja porządku prawnego a kryzys idei rządów prawa i liberalnego konstytucjonalizmu
Delegitimization of the legal order and the crisis of the idea of the rule of law and liberal constitutionalism

Summary/Abstract: In a stable, functioning democracy, the law serves crucial social functions that contribute, on the one hand, to fostering consensus among members of society regarding the values implemented by the law, and on the other hand, to forming a sense of approval for the actions of the State and public authorities. The article concerns the opposite situation, namely the specificity of the relationship between the governing and those being governed, as well as the actions of power entities during the crisis of the idea of the rule of law and liberal constitutionalism. In order to describe these issues, the processes of legitimization and delegitimization of the legal order are characterized and confronted with the activities referred to in the literature as the instrumentalization of law. It seems that all these processes are closely interconnected. The instrumentalization of law, conducted with respect for the rules of construction of the legal system, appears as a significant element of the process legitimization of the legal system, in particular during a period of political transformation. In turn, the so-called wrongful instrumentalization of law demonstrates a significant connection with the process of delegitimization of the legal order, in which the construction of social order and respect for the rule of law take a back seat, and the most important aim of political power becomes the deconstruction of the existing understanding of democratic constitutional principles in favour of the projected vision of social relations.

• Details
• Contents