Kryzys konstytucyjny a tranzycja społeczna

Abstract

The subject of this article is constitutional crisis. It accompanies social changes and transition. These problems are analyzed from the point of view of the transformations of the law and the political system. The stages of development of law presented by Philippe Nonet and Philip Selznick (repressive, autonomous, responsive law) constitute the basis for discussing the transformations of 1989 and subsequent political changes in the Republic of Poland. Since modern times, constitutional acts have determined the entire social and legal order of the state. They codify all changes that are both evolutionary and revolutionary. When discussing the problem of the constitutional crisis, reference was made to the concept of J.M. Balkin and S. Levinson. Using the example of the socio-political situation of the United States of America, the phenomenon of constitutional crisis and the stage preceding it called "constitutional rot" were discussed. The American exemplification is the starting point for the analysis of the ongoing transition in the Republic of Poland.