Abstract

The purpose of the article is an analysis of the right to resistance present in European constitutions, mainly in Central and Eastern Europe. The author defines the concept, indicates its origins, provides its classification and explains reasons justifying contemporary shape of this institution in fundamental laws of European states. The author, applying comparative method (according to the procedure of K. Zweigert and H. Kötza), as well as formal-dogmatic and functional methods as auxiliary means, offers a systematic summary of the results achieved due to the comparison and delivers a critical assessment of such results. The result of the research proves that the right to resistance may be deducted and conceptualized from the principle of a democratic state of law contained in the Polish constitution.

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