The problem of the rule of law in Kazimierz Opałek’s legal theory Cover Image

Problematyka praworządności w teorii prawa Kazimierza Opałka
The problem of the rule of law in Kazimierz Opałek’s legal theory

Author(s): Sławomir Tkacz, Zygmunt Tobor
Subject(s): History of Law, Constitutional Law, Philosophy of Law, Sociology of Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: legal theory; rule of law; legal positivism; natural law; Kazimierz Opałek; Józef Nowacki;

Summary/Abstract: The subject of the article, prepared as part of the commemorations for the 100th birthday anniversary of Professor Kazimierz Opałek, is the issue of the rule of law, which occupied a prominent place in his works. Accordingly, the analyses carried out in the article encompass different takes on the concept of the ‘rule of law’, its classifications, as well as the issue of safeguards of the rule of law, as understood by Opałek. A special emphasis in this regard is placed on the problem of limitations upon the exercise of constitutional freedoms and rights imposed by statutes. The article concludes with the observation that when Opałek raised the issue of the dispute over the notion of the rule of law as early as the 1950s, he made references in his analyses to German and English theories. Although a lot of time has passed since then, his conceptual analyses have remained relevant, and are bound to be brought up by future generations of researchers.

  • Issue Year: 82/2020
  • Issue No: 1
  • Page Range: 41-55
  • Page Count: 15
  • Language: Polish