Autorytarne formy władzy a realizacja prawa do cywilnoprawnej ochrony prawnoprocesowej przez obywateli w okresie PRL

The study describes the functions of civil procedure as a legal instrument from the times of the socialist authoritarian state of the People’s Republic of Poland. The positions expressed in the doctrine regarding the purpose and principles of conducting civil proceedings, regulated in the Act of 16 November 1964, Code of Civil Procedure, which was adopted during the authoritarian power of the dominant political party of the Polish United Workers’ Party, were presented. Provisions of procedural law, dating back to the authoritarian rule of democratic socialism in the People’s Republic of Poland, were intended to provide protection for the socialized economy and to enable the state to control civil-law relations. Civil proceedings were intended to guarantee the possibility of protecting not only the rights of the individual, but also, or rather first and foremost, of the units of the socialized economy, as well as of the disputes that might arise in connection with relations between the state and its citizens, and between citizens. This principle required the authorities conducting civil proceedings to ensure adequate legal and procedural protection in the event that a party or participant in the proceedings was a unit of the socialized economy. Civil proceedings in which the court, within its powers, could interfere with the legal sphere of an individual in connection with the conferral of discretionary power, was another legal tool and instrument allowing the state to influence private-law relations. In addition, the authoritarianism of the state power at that time was also manifested in this.

The constitutionalization of administrative law as a remedy for authoritarian rule: The case of Poland and the case of Germany

The continuity of the administrative apparatus is an indispensable element of any state, be it a democracy or an authoritarian regime. Given that permanency is an attribute of administration, any change from authoritarianism to democracy must therefore be followed by finding adequate corrective measures to transform public administration accordingly. In post-war Germany, it was the constitutionalisation of administrative law that had the pivotal role in attaining this goal. The paper aims at shedding more light on how to view and critique the Polish departure from the administration of the PRL-era authoritarian system in the context of the path followed by Germany.

Wpływ władzy totalitarnej na sposoby regulacji polskiego prawa gospodarczego

In the current legal order there are two ways of regulating economic law. According to the dualist concept, economic relations are treated as separate from civil law relations, while, according to the principle of the unity of civil law, the aspects of economic turnover are a specialized part of civil law. In Poland, the dualist concept was replaced under communist authoritarian rule by the principle of the unity of civil law in order to emphasize the low usefulness and lack of practical relevance of economic turnover, which was replaced almost entirely by socialized turnover conducted by economic units with state status. Despite the departure from totalitarian rule and in the current system of social market economy, the principle of the unity of civil law has persisted. The paper shows that the principle of the unity of civil law, although instrumentally treated by authoritarian governments, has a number of advantages that allow it to function successfully in the conditions of freedom of entrepreneurship in the European Union and in the face of political changes that took place in Poland at the turn of the twenty-first century.

Zbigniew Brzeziński a John Mearsheimer — dwie wizje rozwoju stosunków chińsko-amerykańskich

The analysis aims to show the differences in the approach to the growth of communist China as perceived by Zbigniew Brzeziński and John Mearsheimer. It shows that the distinctly different attitudes of these thinkers to China’s growth at the beginning of the 21st century were getting closer over time. It happened as a result of the evolving position of Brzeziński, who gradually realized the danger America’s consent and aid in China’s enormous economic leap poses to the United States. That is why, towards the end of his life, Brzeziński began to write about the necessity to include Russia in the political body of the West, on the condition, however, that Vladimir Putin, whose authoritarian rule aims to recreate the fascist experiment in Italy, is removed from power.

Authoritarian Regime Stability in Uzbekistan under Patronal President Islam Karimov

This paper investigates the nature of Uzbekistan’s political system under President Islam Karimov through the lenses of patronal presidentialism to explain the factors conducive to the durability of the current regime. The paper argues that the longevity of the authoritarian regime in Uzbekistan can be best understood by a methodology that reconciles the propositions of institutional analysis of authoritarian rule with conventional methods of maintaining power such as coercion and patronage. Revealing the limitation of mainstream literature that overemphasizes neopatrimonialism and informality to understand domestic politics, the paper asserts that patronal president Islam Karimov assumed multiple instruments of power at the intersection of state and economy, which ensured regime stability in Uzbekistan until his death in 2016.

Ruch Nowego Życia w Chinach, 1934–1948

In recent decades, there was a notable surge of interest in the history of the Republic of China (1912–1949). New Life Movement (Xin shenghuo yundong) was one of the most important en-deavours undertaken during the so-called Nanjing Decade (1927–1937) — a period of authoritarian rule of Guomindang (National Party), after the triumph of the Northern Expedition and before the outbreak of the Second Sino-Japanese War. Inaugurated in 1934, this movement sought to revive Confucian virtues and create better society through the promotion of proper behaviour (especially etiquette and hygiene). Virtues, whose realisation in daily life was stated as the goal of the Move-ment, were li — propriety, yi — right action, lian — integrity, and chi — a sense of shame. Later, these goals were expanded to include promotion of militarisation (junshihua), aesthetic uplifting (yishuhua), and improving the production (shengchanhua) in peopleʼs lifestyles. Although the New Life Movement was initiated by Chiang Kai-shek on 19 February 1934 in Nanchang, in many respects it was a continuation of previous policies. To realise the New Life Movement, the Society for the Promotion of the New Life Movement (Xin shenghuo yundong cujin hui) was founded in 1934. Members of different factions in Guomindang participated in its activities. After the first two years, the New Life Movement disappeared from the spotlight, but remained active at least until 1948. During the war, the main task of the movement was participation in war efforts and, after the conflict ended, in post-war recovery. In the end, the New Life Movement failed in realisation of its stated goals. Nevertheless, it seems that its activities were still beneficial for Guomindang’s government. This article presents an outline of history and origins of the New Life Movement, as well as describe its goals and methods. In the end, there will be an evaluation of this important and controversial movement and its place in the history of Guomindang and China.

The disempowerment of the judiciary in Syria since the March revolution of 2011 and the emergence of off-bench resistance to authoritarian rule: What role for women judges and prosecutors?

The Arab uprisings of 2010-2011 generated a growing movement for change among the judicial corps throughout the Arab world. Judges and prosecutors created independent associations in Morocco, Mauritania, Yemen, Libya, Lebanon, and Tunisia to represent their interests and promote a better administration of justice. Since the March Revolution of 2011 in Syria, members of the judiciary also attempted to create their own association, but failed to do so. This article briefly outlines the demographics of the judicial corps after ten years of conflict in Syria. A noticeable change is the increase in the number of women in the judiciary and their promotion to positions of power. How have women judges and prosecutors used the greater authority granted to them? To the advantage of the regime, as a means for self-promotion or to better defend the rights of all? The second part of the article details the progressive disempowerment of the judiciary, the expansion of the criminal justice system and the creation of the Counterterrorism Court used by the regime to quash the popular uprising. In the final section, stories of off-bench resistance highlight efforts made by judges and prosecutors to defend their judicial autonomy and the basic human rights and freedoms of all Syrians.

Authoritarianism from Above and Below: Exclusive Nationalism and the Turkish-Kurdish Conflict

The persistence of the Kurdish conflict in the Middle East has created deadly outcomes for Turkey’s democratization process and facilitated the emergence of an authoritarian coalition promoting exclusive nationalism from above. While consolidation of the authoritarian rule in Turkey occurred in parallel to the rise of exclusive nationalism and regional militarism, the electoral authoritarian regime is currently facing multiple challenges. As the economic recession deepens, a new wave of ethnonationalism targeting the Kurds and immigrants is in the making, but this time from below. The possibility of democratic change in the future seems to depend on to what extent main opposition parties will be able to distance themselves from exclusive nationalism and build a pro-democracy alliance including the People’s Democratic Party (HDP).