Judykatywa na straży zasady sprawiedliwości. Zakres władzy sądów w kształtowaniu prawa na przykładzie orzeczenia Najwyższego Sądu Rzeszy z dnia 28 listopada 1923 roku i teorii Ericha Kaufmanna
Judiciary as the guardian of the principle of justice. The extent of courts' power in shaping law on the example of a decision of the Reich Supreme Court of 28th November 1923 and the theory of Erich Kaufmann

Summary/Abstract: Nowadays, it seems obvious that there are strong political ties between the legislature and the executive, whereas in a situation of a tyrannical parliamentary majority the government is de facto deprived of the attribute of at least relative independence from the party's "top". The political will, the source of which are the people, is being distorted: the parliament and the government pursue their own goals, in dissociation not only from some abstractly conceivable public interest but also from the principles of order set out in the constitution. It is therefore the role of the judiciary to correct the executive and the legislature. The judicial power to review statutes became apparent in the decision of the Reich Supreme Court of 28th November 1923. The theoretical justification for the power of judges and courts came from Erich Kaufmann.

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