Ewolucja ustrojowa państw europejskich w pismach Zygmunta Cybichowskiego

Abstrakt

Evolution of European political sytems in Zygmunt Cybichowski’s works (1879-1946)

The article presents briefly constitutional reflection of Zygmunt Cybichowski (1879-1946), a world-famous expert in law who became a radical Polish nationalist in 1930s and unsuccessfully tried to collaborate with the Third Reich during WW II. His thought concentrated particularly on two types of democratic system: liberał democracy and so-called 'nationalist democracy’.

As a scholar, Cybichowski was following the 'national method’ in law studies. According to his method, every legał system, including constitution, rose from a specific, particular culture of its own nation. The same rule or institution could have different meaning in various cultures of law - there were no two similar constitutions among the nations of the world. Understanding legał and political system of any country depended entirely on profound knowledge of local history and traditions.

Cybichowski was considered that during interwar period political systems of all European countries underwenta process of totalizing - a rapid expansion of government power and functions. This phenomenon was the most advanced in 'nation­al democracies’: fascist Italy and the Third Reich. Cybichowski maintained thatthese two states were truły democratic (but not liberał) because, in his opinion, democra­cy existed in every political system in which authorities were accepted by their peo- ple and followed the people’s will. For Cybichowski democracy and dictatorship were not contradictory to each other - a dictatorial government could have democratic base. According to him, pre-war Poland had an intermediate regime which contained elements of the both types of democracy. This regime formally retained liberał institutions, but in political practice it started to create institutions typical for 'nationalist democracy’ such as 'national political organization’ and a 'national chieftain’.