Abstract
The obligation to comply with the law specified in Art. 83 of the Constitution of the Republic of Poland is important not only in terms of dogma and law. It is also imminently related to such fundamental notions as the essence of law or recognition that unjust law isn’t law. Considering the above, the purpose of the paper is not only to compare the doctrinal concept of the wickedness of law with Art. 83 of the Constitution, but also to answer the question whether this concept can be applied to contemporary democratic states. The analysed framework can especially be meaningful in democracies that are undergoing the so-called reversed systemic transition as it can help protect them against taking quasi authoritarian or quasi totalitarian forms. The wicked law concept can therefore constitute one of the last, if not the last, level of protection for a democratic system, one of the new forms of implementation of the “defensive democracy”, and its use can be a moral and a legal obligation.
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