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. (shrink)

Zmiany spowodowane w Polsce i w Europie upadkiem komunizmu obudziły nadzieję na budowę systemu politycznego innego od tego, który był losem tych krajów. W miejsce totalitaryzmu ma powstać system polityczny oparty o zasady demokratycznego państwa prawa. Przejście od totalitaryzmu do demokracji jest procesem, który w Polsce nie został jeszcze zakończony i który do osiągnięcia celu potrzebuje jeszcze wielu nakładów. Mozna też wskazać wiele zagrożeń dla tego procesu występujących także obecnie. Nie da się uniknąć niebezpieczeństwa bez rozpoznania jego zródeł i jego (...) natury. Trzeba pamiętać, że zwyrodnieniu prawa i zwyrodnieniu systemu politycznego mozna zapobiegać środkami prawnymi, dopóki system bezprawia nie odniesie sukcesu. Opór środkami prawnymi ma realne szanse, gdy jest skierowany przeciwko próbom budowy władzy totalitarnej. Taki opór skazany jest na niepowodzenie, gdy siły przeciwne państwu prawa opanują juz organy państwa. (shrink)

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. (shrink)

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. (shrink)