Office, Dignity, Authority, Conscience of the Judge of the Republic of Poland

Abstract

The author analyzes and considers the office of a judge of the Republic of Poland, his dignity, authority and conscience in the context of judicial independence from the point of view of the rule of law, separation of the tripartite power in a democratic state of law. The independence of the judiciary, the independence of the judiciary are unquestionable values as the basis of the rule of law. The office, dignity, authority and conscience of the judge of the Republic of Poland are creative norms, which are based on the system of law and ethics. Attention has been paid to the systemic guarantees of the independence of the judiciary provided by the Constitution and laws regulating the court system. The surprisingly large scope of the sovereign powers of the representative of the executive power – the Minister of Justice over the common courts was pointed out. The importance of personal dignity, personal dignity of the judge and the dignity of tenure was emphasized. Undoubtedly, they are revealed in private, social and professional life and with the system of regulation and integration of activities (human behavior) as personality and legal thinking. It was pointed out that conscience, which is invoked by the judge in the oath of office, is the natural ability of reason to morally value actions and phenomena. Conscience as an intrinsic attribute of the human being currently or potentially belongs to every human being, as it is the first norm of conduct with a special ability to regulate human behavior and shape interpersonal coexistence. The connection between the practice of law (judging) and sensitivity is a moral issue and an important ethical quality to which special attention should be paid today. A judge should be perceived as a human being, as a person, as an entity, as a bearer of values, professionally prepared to realize them in social life, while fulfilling a servant role to man and society.