Maria KRUK - Progress and Limits of the Rule of Law

Pouvoirs n°118 - La Pologne - septembre 2006 - p.73-88

This essay analyzes the process of the establishment of the rule of law in Poland, highlighting the limits and risks that restrain its achievements. In 1989, in Poland as in other Central and Eastern European countries, the fall of communism led to the inclusion of the rule of law in the constitutional order. While this principle was implemented immediately after its inclusion in the Constitution, the formation of its doctrinal and judicial basis is still in its initial stage. The rule of law is constantly threatened by the specific conditions of the transformation process: the settling of scores about the past, the weakness of the party system, the difficult economic transformations, the fragility of civil society, legislative weakness and populism. The more recent period, during which the risks have increased according to certain observers, represents a clear test for the strength of the state in Poland. Résumé

Référence électonique : Maria KRUK, "Progress and Limits of the Rule of Law", Pouvoirs, revue française d’études constitutionnelles et politiques, n°118, 2006, p.73-88. Consulté le 02-06-2012. URL : http://www.revue-pouvoirs.fr/Progress-and-Limits-of-the-Rule-of.html