The rule of law and the rule of law as defined by Józef Nowacki

This article provides an in-depth analysis of Józef Nowacki's thought, focusing on his foundational essay on the dichotomy between the rule of law and the rule of law. The author deconstructs the concepts of Rule of Law and Rechtsstaat, pointing to key differences between formal proceduralism and the substantive dimension of value. The study devotes particular attention to the negative and positive postulates, the internal morality of law, and the role of constitutional review in preventing arbitrary power. The text sheds new light on the Polish legal tradition, explaining how precise terminological distinctions impact citizens' legal security and the legitimacy of the system. This is essential reading for legal theory scholars and those interested in the evolution of the contemporary rule of law in the context of protecting individual rights.