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The Issue of Legislation in Poland in 1944–1955
Abstract
RESEARCH OBJECTIVE: Determining how the existing inter-war law was approached and how new legal regulations were introduced in the early Polish People’s Republic.
THE RESEARCH PROBLEM AND METHODS: The new political situation that took place in Poland after World War II, due to the seizure of power by the communists, brought about a fundamental change in systemic and legal matters. The understanding of the function of law has changed, which seems to have affected the legislative process as well. The scientific goal was realized on the basis of normative acts, theoretical and legal literature as well as historical and legal literature.
THE PROCESS OF ARGUMENTATION: The following parts of the article attempt to answer the following questions: How was the new legal regulation created? How was the law instrumentalised in common and military courts? To what extent have secret organizational orders been used as a way to create new courts and extrajudicial bodies?
RESEARCH RESULTS: At the beginning of the functioning of the People’s Republic of Poland, the legislative activity was not aimed at enacting the law in accordance with the principles of establishing legal provisions and the principles of legislative technique. All the rules known to a democratic state were disregarded.
CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: The discussed issue is important not only from the point of view of historians of law, but also historians, lawyers and political scientists.
Keywords
lawmaking ; People’s Republic of Poland
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