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No. 1 (1960)
Artykuły

The essence of legitimacy in criminal procedural law

[The essence of legitimacy in criminal procedural law]

  • Jan Haber

Published 2023-04-29

Keywords

  • procedural law,
  • criminal procedural law,
  • legal institutions,
  • legitimacy,
  • legal system,
  • judiciary
    • ...More
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Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

How to Cite

The essence of legitimacy in criminal procedural law: [The essence of legitimacy in criminal procedural law]. (2023). Studia Prawnicze The Legal Studies, 1, 133-174. https://doi.org/10.37232/sp.1960.1.4

Abstract

The institution of legitimacy is essential in any procedural system. Its non-application, as in the case of Hitler's Germany, involves the abolition of individual rights and freedoms. The author of the article introduces the concept and essence of the institution of validity, he distinguishes between the terms of formal and substantive validity and proposes a scheme for the legal construction of this issue. The discussion was conducted in the context of the codification of the new criminal procedural law in which the institution of legitimacy is fundamental in the legal order of a socialist state.