Andrzej ZollCorresponding author

The State and the Rule of Law

Article
2 – 1997, pages 7-13
Date of online publication: 30 novembre 2020
Date of publication: 30 novembre 1997

Abstract

The changes brought about in Poland and elsewhere in Europe by the fall of Communism have given rise to hopes for the establishment of a political system differing from the one which had been the fate of these countries. In place of totalitarianism, a new political system is to be created based on the democratic principles of a state under the rule of law. The transformation from totalitarianism to democracy is a process which has not yet been completed in Poland and still requires many efforts to be made before this goal may be achieved. One may also enumerate various pitfalls jeopardising this process even now. The dangers cannot be avoided if their sources and nature are not identified. Attempts to pervert the law and the political system may only be
counteracted by legal means if the system based on the abuse of the law has not yet succeeded in establishing itself. Resistance by means of the law only has any real chance of success provided it is directed against
attempts to set up a totalitarian system. Once the powers which are hostile to the state bound by the rule of law take over the institutions of the state, such resistance is doomed to failure.

Cite this article

Zoll, Andrzej. “The State and the Rule of Law.” Forum Philosophicum 2 (1997): 7–13. doi:10.35765/forphil.1997.0201.1