Published: 2020-04-16

Replacement of judicial staff in common courts in the years 1944—1954 An outline of the problem

Kamil Niewiński Logo ORCID
Section: Rozprawy i artykuły
https://doi.org/10.31261/ZDP.2019.20.44

Abstract

After the Second World War, the political system of Poland was rebuilt according to the model of the Soviet Union. However, the common courts were rebuilt on the basis of pre-war political regulations. The pre-war judges were admitted to the courts in large numbers, despite their attempts to maintain their independence. It was extremely difficult in the era of omnipresent Marxist-Lenin ideology, which permeated every area of life, and the primacy of politics over law. The authorities did not intend to tolerate the existence of a judiciary independent of their influ- ence. Without having their own legal forces, they tried to break judges’ characters. The judges were subjected to political and ideological indoctrination. When this did not produce satisfactory results, the government decided to replace the pre-war judicial staff for “new types of judges,” brought up in the spirit of obedience to the authorities in law schools, operating under the aus- pices of the Ministry of Justice. The replacement of staff was carried out in the years 1950—1954 by manipulating the system law, using the method of “administrative deportations,” disregarding any moral and ethical principles, the quality of jurisprudence and the welfare of citizens. This was done under the hypocritical guise of the “democratisation of the justice system” slogan.

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Niewiński, K. (2020). Replacement of judicial staff in common courts in the years 1944—1954 An outline of the problem. Z Dziejów Prawa, 12, 773–799. https://doi.org/10.31261/ZDP.2019.20.44

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Vol. 12 (2019)
Published: 2020-04-16


ISSN: 1898-6986
eISSN: 2353-9879

Publisher
Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

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