Abstract
Relations between the judiciary and the elected authorities (i.e. the legislative and the executive) in each country and at all times are among the most sensitive from the point of view of statehood. There is an obvious truth expressed in the famous saying of Lord Acton: ‘Power tends to corrupt, absolute power corrupts absolutely’2. The universal calling of judges is to restrain executive and legislative branches of government in their efforts to increase their power, especially at the expense of individuals. A state where there is no sufficiently strong counterweight to the natural omnipotence of the people’s representatives is not in line with the principle of the rule of law, because there is no one to remind the elected powers that their mandate has its limits – contemporarily established in particular by constitutional norms and the international regime for the protection of human rights.3 Naturally, courts do not directly take part in a political discourse, even though some kind of judicial review of the acts of public authorities exists virtually everywhere; these should not be characterised as an interference in political matters.4 The mutual respect of the judiciary and elected authorities proves the maturity of the state constitutional system, regardless of how far-reaching the powers are of judges to examine the constitutionality of legislation.
Highlights
The means used to cause revolutions of constitutions are sometimes force and sometimes fraud
Force is employed either when the revolutionary leaders exert compulsion immediately from the start or later on – as the mode of using fraud is twofold: sometimes the revolutionaries after completely deceiving the people at the first stage alter the constitution with their consent, but at a later stage retain their hold on it by force against the people’s will [ : : : ]
Only rarely in history have Polish judges had the opportunity to be treated as an important element of the state system
Summary
The means used to cause revolutions of constitutions are sometimes force and sometimes fraud.
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