What is fair? Corrective justice and other ways of democratizing law in theory and in practice

Lecture by Monika Płatek

The reforms of the judicial system conducted in Poland in recent years have provoked heated discussions about the separation of powers, as well as the independence of the judiciary from the legislative and executive authorities. However, this issue does not give a definite answer to the question about the correlation between the law and the authorities in democratic societies. In a democracy, should the state power be the entity that is supposed to bring justice and watch over its execution? In a democracy, should this state authority be the body that is supposed to administer justice and watch over its execution? Restorative justice popular among others in Canada, Great Britain and Scandinavia – as an alternative to the model of social rehabilitation and retributive justice – puts these issues at the centre of the discussion on the relationship between lawmaking and law enforcement, and the political self-government of the community. It is then a good starting point to consider the role that justice can and should play in democratic societies

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